Federal Insurance Company v. Distinguished Properties Umbrella Managers, Inc. et al, No. 1:2009cv08686 - Document 22 (S.D.N.Y. 2010)

Court Description: OPINION re: Granting 11 MOTION to Dismiss and the Complaint is dismissed with prejudice and costs. (Signed by Judge Robert W. Sweet on 6/23/10) (djc)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FEDERAL INSURANCE COMPANY, Plaintiff, 09 Civ. 8686 OPINION -against- DISTINGUISHED PROPERTIES UMBRELLA MANAGERS INC., a Delaware Corporation or Group, DISTINGUISHED PROGRAMS INSURANCE BROKERAGE LLC, a New York Corporation, and THE DISTINGUISHED PROGRAMS GROUP, LLC, a Delaware Corporation, Defendants. A P P E A R A N C E S : Attorneys for Plaintiff COZEN 0 CONNOR ' 45 Broadway New York, NY 10006 By: John Galligan, Esq. Daniel Theveny, Esq. Attorneys for Defendants KAUFMAN, DOLOWICH & VOLUCK 135 Crossways Park Drive Woodbury, NY 11797 By: Janene Marasciullo, Esq. SOKOLOFF STERN LLP 355 Post Avenue, Suite 201 Westbury, NY 11590 By: Jennifer E. Sherven, Esq. Sweet, D.J. Defendants Distinguished Properties Umbrella Managers, Inc. ("Distinguished Umbrella"), Distinguished Programs Insurance Brokerage LLC ("Distinguished Brokerage"), and the Distinguished Programs Group, LLC ("Distinguished Group") (collectively the "Defendants") have moved, pursuant to Rule 12 (b)(6) of the Federal Rules of Civil Procedure, to dismiss the Complaint of Plaintiff Federal Insurance Company ("Chubb"). Upon the facts and conclusions set forth below, the motion is granted, and the Complaint dismissed with prejudice and costs. Prior Proceedings Chubb filed its Complaint on October 14, 2009, alleging negligence (Count I), negligent misrepresentation (Count 11), and breach of an implied-in-fact contract (Count 111). The instant motion was heard and marked fully submitted on March 17, 2010.

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