Federal Insurance Company v. Distinguished Properties Umbrella Managers, Inc. et al, No. 1:2009cv08686 - Document 26 (S.D.N.Y. 2010)

Court Description: AMENDED OPINION: For the foregoing reasons, Count III fails to state a claim upon which relief can be granted. Based upon the facts and conclusions set forth above, Defendants' motion is granted and the Complaint is dismissed with prejudice and costs. (Signed by Judge Robert W. Sweet on 7/8/2010) (jfe)

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Federal Insurance Company v. Distinguished Properties Umbrella Managers, Inc. et al UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Doc. 26 II DOCUMENT ELECTRONICALLY FILED I\ FEDERAL INSURANCE COMPANY, Plaintiff, -against- 09 Civ. 8686 AMENDED OPINION 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 O'CONNOR 45 Broadway New York, NY 10006 By: John Galligan, Esq. Daniel Theveny, Esq. Attorneys for Defendants KAUFMAN DOLOWICH VOLUCK & GONZO LLP 135 Crossways Park Drive, Suite 201 Woodbury, NY 11797 By: Janene Marasciullo, Esq. Jennifer E. Sherven, Esq. Dockets.Justia.com 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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