Hallmark Specialty Insurance Company v. Mr Luxory Motor Inc

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 HALLMARK SPECIALTY Case No.: 3:21-cv-1149-L-JLB

INSURANCE COMPANY,

Plaintiff,

ORDER ON MOTION TO DISMISS

v. COUNTERCLAIM

MR LUXORY MOTOR, INC.,

Defendant. 15 Pending before the Court is Counter-Defendant Hallmark Specialty Insurance Company’s (“Hallmark”) motion to dismiss the counterclaim. Counter-Claimant Mr. Luxory Motor, Inc. (“MLM”) opposed, and Hallmark replied. The Court decides the matter on the papers submitted without oral argument. Civ. L. R. 7.1. For the reasons stated below, the Court GRANTS the motion. Background This action relates to an insurance coverage dispute. MLM, a car dealership, alleges it had an insurable interest in a vehicle that was wrecked during a test drive. It asserts Hallmark, the insurer, failed to pay the amount required under their insurance policy. MLM’s counterclaim against Hallmark asserts several claims: (1) breach of contract, (2)…