Owners Insurance Company v. The Remodeling Depot, Inc. et al, No. 4:2017cv00021 - Document 60 (S.D. Ga. 2018)

Court Description: ORDER denying 28 Motion to Dismiss. Plaintiff Owners Insurance Company's claim for a declaratory judgment regarding its duty to indemnify is Stayed. Signed by Judge William T. Moore, Jr on 3/28/18. (jrb)

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Owners Insurance Company v. The Remodeling Depot, Inc. et al Doc. 60 FILED U.S. DISTRICT COURT SAVANNAH DIV. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA 2018 29 AMIhll2 SAVANNAH DIVISION CLERK. SO.&lsrOF GA. OWNERS INSURANCE COMPANY, Plaintiff, CASE NO. CV417-021 V. THE REMODELING DEPOT, INC.; KENNETH WAYNE HOSTI; JOANN LYON; and MICHAEL E. LINDSEY; Defendants. ORDER Before the Court is Defendants Remodeling Depot, Inc. and Kenneth Wayne Hosti's Motion to Dismiss. (Doc. 28.) For the following reasons. Defendants' motion is DENIED. However, Plaintiff Owners Insurance Company's claim for a declaratory judgment regarding its duty to indemnify is STATED. BACKGROUND This case involves a for alleged acts of dispute over insurance coverage negligence with respect to a home renovation. In May 2015, Defendants Joann Lyon and Michael E. Lindsey ("Homeowners") hired Defendant Remodeling Depot, Inc., owned by Defendant Kenneth Wayne Hosti, ^ to remodel ^ The Court will refer to these last two parties collectively as Defendant Remodelers. Dockets.Justia.com

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