Elwyn Patoc v. Lexington Insurance Company

MEMORANDUM

Appellants Elwyn Patoc, Eric Patoc, Elvy Patoc, and Edward Patoc (“Appellants” or the “Patocs”) appeal the district court’s judgment granting Lexington Insurance Company’s (“Lexington”) motion to dismiss without leave to amend pursu ant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. This appeal arises out of a wrongful death claim by Appellants against Lexington’s insured for the loss of their mother, which resulted in a settlement for $1,000,000.00. In the instant case, Appellants alleged claims for breach of contract and bad faith against Lexington, among other insurance carriers, for their refusal to defend and indemnify the insured in the wrongful death lawsuit. The district court dismissed Plaintiffs’ complaint with respect to all claims and all defendants. The Patocs appealed the dismissal only as to Lexington. We affirm.

We review an order granting a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure de novo, accepting all allegations of material fact in the complaint as true and construing the facts in the light most favorable to the non-moving party. Madison v. Graham, 316 F.3d 867, 869…