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. SECOND AMENDED

COUNTERCLAIM

GLENN E. NEWCOMER CONSTRUCTION, Re: Dkt. No. 51 11 Defendant. 12 This is an action for declaratory relief related to an insurance coverage dispute. Plaintiff Colony Insurance Company (“Colony”) moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Defendant Glenn E. Newcomer Construction’s (“Newcomer’s”) second amended counterclaims. [Docket No. 51.] This matter is appropriate for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is granted. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Colony filed this declaratory relief action on January 22, 2020. It seeks a determination of the parties’ rights and obligations under general liability policy no. 101 PKG 0006651-02 (“the Policy”), issued by Colony to Newcomer for the period April 21, 2017 to April…