Meisel

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS CLAIMS AS TO DEFENDANT ANDERSON AND DENYING PLAINTIFF’S MOTION TO REMAND. (Docs. 7, 13)

On January 10, 2005, the Court heard Defendant Allstate Indemnity Co.’s motion to dismiss and Plaintiff David Meisel’s motion to remand. Upon due consideration of the written and oral arguments of the parties and the record herein, the Court grants Allstate’s motion to dismiss the claims against Defendant Thomas J. Anderson and denies Plaintiffs motion to remand the case to state court.

I. Factual Background

Plaintiff had a homeowner’s insurance policy through Allstate. The policy provided coverage for, among other things, losses to structure and content and temporary living expenses. The limits on the policy were as follows: house structure, $220,000; contents, $145,000; and living expenses, $50,000.

On September 14, 2003, Plaintiffs house burned down due to a faulty drop line to the house from the transformer provided by the public utility company. Plaintiff reported the loss to Allstate through Anderson, Plaintiffs insurance agent. Allstate referred the structure portion of the loss to Tom Reed, who informed Plaintiff that he had full…