General Star Indemnity Co. v. Thunderbutte Enterprises, LLC

MEMORANDUM AND ORDER

Plaintiff General Star Indemnity Company (“Plaintiff’) has filed the present lawsuit seeking a judicial determination that it acted appropriately in denying a fire claim submitted by its insured, Defendant Thun-derbutte Enterprises, LLC (“Defendant”), According to Plaintiff, it properly cancelled Defendant’s policy prior to the subject fire on grounds that Defendant had failed to adopt mandatory safety recommendations. To the extent that Plaintiff claims it mistakenly advanced Defendant’s funds towards the fire losses it sustained, Plaintiff also includes a claim for unjust enrichment as to those funds.

Currently before this Court is Defendant’s Motion to Dismiss for failure to state a viable claim under Federal Rule of Civil Procedure 12(b)(6), For the reasons set forth below, Defendant’s Motion is GRANTED.

BACKGROUND

Defendant owns and operates the Sierra Nevada House, a historic hotel and restaurant located in Coloma, California. According to Plaintiffs Complaint, Plaintiff is “a surplus lines insurance carrier authorized to do business in the State of California through licensed surplus lines brokers.” Pl.’s Compl., ECF No. 1, ¶ 7. On or about June…