Ellsworth
Ellsworth v. Integon National Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 MEGAN ELLSWORTH, Case No.: 20-CV-1525 W (AGS)
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT’S
MOTION TO DISMISS [DOC. 9]
INTEGON NATIONAL INSURANCE
COMPANY,
17 Defendant. 18 19 Defendant Integon National Insurance Company moves to dismiss Plaintiff Megan Ellsworth’s Complaint under Federal Rule of Civil Procedure 12(b)(6). Plaintiff opposes the motion. The Court decides the matter on the papers submitted and without oral argument. Civ. L.R. 7.1(d.1). For the following reasons, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion to dismiss [Doc. 9]. 26 27 28 I. BACKGROUND According to the First Amended Complaint (“FAC”), Defendant Integon National Insurance Company (“Integon”) issued a homeowner’s insurance policy to Plaintiff Megan Ellsworth. (FAC [Doc. 17] ¶ 10.) Under section I(A)(1), the policy provided coverage for “sudden and accidental direct physical loss to…