Barba v. Allianz Global Risks US Insurance Company, No. 1:2016cv02673 - Document 22 (S.D.N.Y. 2016)

Court Description: OPINION & ORDER re: 10 MOTION to Dismiss Defendant's Notice of Motion to Dismiss Pursuant to FRCP 12 (b)(6), filed by Allianz Global Risks US Insurance Company. For the foregoing reasons, the Court dismisses Barba's Amended Complaint in its entirety for failure to state a claim. This dismissal is with prejudice, because Barba's ability to recover again under the Policy is precluded by unambiguous statutory language. The Clerk of Court is thus respectfully directed to terminate the motion pending at Dkt. 10 and to close this case. (As further set forth in this Opinion) (Signed by Judge Paul A. Engelmayer on 10/24/2016) (kl)