Colony Insurance Company v. Glenn E. Newcomer Construction

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 COLONY INSURANCE COMPANY, Case No. 20-cv-00480-DMR

Plaintiff,

ORDER ON MOTION TO DISMISS

v. COUNTERCLAIMS

GLENN E. NEWCOMER Re: Dkt. No.

CONSTRUCTION,

11 Defendant. 12 Plaintiff Colony Insurance Company (“Colony”) filed this action for declaratory relief related to an insurance coverage dispute. Colony now moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Defendant Glenn E. Newcomer Construction’s counterclaims. [Docket No. 14.] This matter is appropriate for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is granted. I. BACKGROUND Colony filed its complaint for declaratory relief on January 22, 2020. It seeks a determination of the parties’ rights and obligations under an insurance policy Colony issued to Defendant Glenn E. Newcomer Construction (“Newcomer”). Colony alleges the following: in 2017, Colony issued general liability insurance policy no. 101…