Keller Foundations, LLC et al v. Zurich American Insurance Company
| Keller Foundations, LLC, Hayward Baker, Inc. and Keller Group plc |
| Zurich American Insurance Company |
| 1:2016cv06751 |
| August 26, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Engelmayer |
| Insurance |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
38
OPINION & ORDER re: 31 MOTION to Dismiss the Amended Complaint filed by Zurich American Insurance Company. For the foregoing reasons, the Court dismisses the Amended Complaint in its entirety for failure to state a claim. This dis missal is with prejudice to Keller's and HBI's right to re-plead claims against Zurich based on facts and circumstances existing as of the date of the Amended Complaint. It is, however, without prejudice to (1) Keller Group's right t o refile, as it has been dismissed for lack of standing, and (2) all plaintiffs' right to bring claims against Zurich based on later arising events (e.g., a refusal by Zurich to pay claims under the Policy or to defend plaintiffs against claims covered by the Policy). The Clerk of the Court is thus respectfully directed to terminate the motion pending at Dkt. 31 and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/28/2018) (anc)
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Filing
26
OPINION AND ORDER. For the foregoing reasons, the Court dismisses the Complaint in its entirety for failure to state a claim. This dismissal is without prejudice to plaintiffs' right to re-plead claims against Zurich arising out of the facts and circumstances at issue, should facts now known or that later develop support such claims. The Clerk of Court is thus respectfully directed to terminate the motion pending at Dkt. 14 and to close this case. SO ORDERED. re: 14 MOTION to Dismiss filed by Zurich American Insurance Company. (Signed by Judge Paul A. Engelmayer on 5/4/2017) (rjm)
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