Public Service Mutual Insurance v. Liberty Surplus Insurance

MEMORANDUM AND ORDER

Through the present action, Plaintiff Public Service Mutual Insurance Company (“PSMIC” or “Plaintiff’) seeks equitable indemnification from another insurance carrier, Liberty Surplus Insurance Corporation (“LSIC”) for amounts paid by PSMIC for the defense and indemnification of its insureds, Fair Oaks Fountains, LLC (“FOF”) and FPI Management Company (“FPI”). According to PSMIC’s Complaint, LSIC was obligated to pay those amounts under its own policy, issued to Gala Construction, on grounds that both FOF and FPI were specifically designated as additional insureds under the LSIC policy, and because, according to PSMIC’s Complaint, the LSIC policy was primary as to the- underlying loss. That loss occurred when an injury occurred, allegedly as a result of Gala’s negligence, while Gala effectuated repairs on an apartment complex owned by FOF and managed by FPI. Presently before the Court is Defendant LSIC’s Motion to Dismiss Plaintiffs Complaint pursuant to Federal Rule of Civil *941 Procedure Rule 12(b)(6), 1 which further includes a request that any reference to punitive damages be stricken in accordance with Rule 12(f). As set forth below, Defendant’s Motion…