Williams v. Integon National Insurance Corp.

ORDER DENYING MOTION TO DISMISS FIRST AMENDED COMPLAINT

This matter comes before the Court on Defendant Integon National Insurance Corporation’s motion to dismiss Plaintiffs First Amended Complaint (“FAC”). Plaintiff filed an opposition, and Defendant filed a reply. The parties also filed responses to the Court’s order to show cause regarding subject matter jurisdiction. Having reviewed the parties’ briefs, the Court is satisfied it has subject matter jurisdiction and may address the pending motion. For the reasons set forth. below-,. Defendant’s motion to dismiss is denied.

I.

BACKGROUND

Plaintiff purchased a 2010 Ford Mustang GT for $21,999 on May 13, 2013, and insured the vehicle by purchasing and maintaining an automobile insurance policy (“Policy”) issued' by Defendant. FAC ¶ 1. The Policy covered Plaintiff and his vehicle for injuries and losses caused by both collision and non-collision related events, including theft, malicious mischief, and vandalism. Id. 'Plaintiff alleges his car was stolen sometime between May 26 and 28, 2014. Id. ¶¶ 2-6. He promptly reported the vehicle missing to . the police on May 28, 2014, and filed a claim with Defendant under the Policy for…