Parducci
Parducci v. AMCO Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD P. PARDUCCI, Case No. 18-cv-07162-WHO
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS AMENDED THIRD PARTY
COMPLAINT WITH LEAVE TO
OVERLAND SOLUTIONS, INC., et al., AMEND Defendants. Re: Dkt. No. 101
12 In this action. plaintiff Richard P. Parducci sues defendants AMCO Insurance Company (“AMCO”) and Overland Solutions, Inc. (“Overland”) for allegedly engaging in a scheme to overcharge customers of homeowners’ insurance by intentionally overestimating the replacement costs of homes. Overland filed an Amended Third Party Complaint against third party defendant Mark Davis Insurance Agency, Inc. (“MDI”) for equitable indemnity, apportionment of fault, and tort of another. Before me is MDI’s motion to dismiss the Amended Third Party Complaint for failure to state a claim. Because all three claims depend on the alleged duty breached by MDI, which Overland fails to sufficiently plead, the motion is GRANTED with leave…