Repwest Insurance Company v. Praetorian Insurance Company et al
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|Date Filed||#||Document Text|
|August 28, 2012
ORDER that Defendant Praetorian's 11 Motion to Dismiss or Stay Proceedings and Compel Arbitration is granted in part and denied in part as follows: that Defendant Praetorian's Motion to Dismiss and Compel Arbitration is granted; Denying Defendant Praetorian's alternative Motion to Stay as moot. Plaintiff's claims against Defendant Praetorian are dismissed without prejudice to the Parties' arbitrating those claims. Plaintiff and Defendant Praetorian are ORDERED to p roceed to arbitration pursuant to the 1991 Agreements. That Defendant Aon Benfield, Inc.'s 40 Motion to Dismiss, or in the Alternative Motion to Stay is granted in part and denied in part as follows: Plaintiff's claims against Defenda nt Aon Benfield, Inc. (Counts VI and V) are dismissed. Plaintiff may file an amended Complaint within 20 days of the date of this Order. If Plaintiff fails to file an amended Complaint within 20 days of the date of this Order, the Clerk of the Cou rt shall dismiss all claims against Defendant Aon Benfield, Inc. with prejudice. Defendant Aon Benfield, Inc.'s Motion to Stay is denied without prejudice to Defendant Aon Benfield, Inc. reasserting if Plaintiff chooses to file an amended Com plaint. That Plaintiff's 34 Motion to Stay Arbitration is granted to the extent it seeks to prohibit Defendant Praetorian from arbitrating claims for fraudulent inducement and negligent misrepresentation and is otherwise denied. That Def endant QBE Insurance Group Ltd's 16 Motion to Dismiss is granted in part and denied in part as follows: that Defendant QBE's Motion to Dismiss for lack of personal jurisdiction is granted; that QBE's alternative Motion to Dismiss for insufficient process and failure to state a claim is denied as moot. Plaintiff's claims against Defendant QBE are dismissed without prejudice to Plaintiff reasserting in a Court of proper jurisdiction. Signed by Judge James A Teilborg on 8/28/12.(DMT)
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