Camp Richardson Resort, Inc. v. Philadelphia Indemnity Insurance

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

This matter is before the Court pursuant to Defendant Philadelphia Indemnity Insurance Company’s (“Defendant” or “Philadelphia”) Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6). (ECF No. 9.) Plaintiff Camp Richardson Resort (“Plaintiff’ or “CRR”) opposes Defendant’s motion. (ECF No. 12.) The Court has carefully considered the arguments raised by both parties. For the.reasons set forth below, Defendant’s Motion to Dismiss is GRANTED/

Background

On May 5, 20Í5, Plaintiff filed its complaint seeking declaratory relief and damages for breach of contract and breach of the covenant of good faith against Defendant. (ECF No. 2) The complaint arises fi-om a third-party suit against Plaintiff by the JamesQn Beach Property Owners’ Association and other individuals (hereinafter the “third party”), currently pending in this District, 18-cv-01025-MCE-AC.

In summary: “CRR is á year-round resort on the shores of Lake Tahoe, including a marina, hotel ice cream parlor, restaurant, cabins and campground. It is owned by the United States Forest Service (“USFS”) and' operated by CRR under Special Usé Permits. A subdivision of lakeside…