Opinion
Civil Action 20-8881 (ZNQ) (RLS)
01-31-2023
MARK MAGI, et al., Plaintiffs, v. WILLIAM RICH, et al., Defendants.
ORDER
ZAHID N. QURAISHI UNITED STATES DISTRICT JUDGE
THIS MATTER comes before the Court upon separate Motions to Dismiss filed by Third-Party Defendants Sea Insure Agency (ECF No. 44) and Markel American Insurance Company (ECF No. 51), as well a Cross-Motion for Leave to Amend the Complaint filed by Third-Party Plaintiff William Rich (ECF No. 47). For the reasons set forth in the accompanying Opinion, IT IS on this 31st day of January 2023, ORDERED that Third-Party Plaintiff William Rich's Cross-Motion for Leave to Amend the Complaint (ECF No. 47) is hereby GRANTED; and it is further
ORDERED that the Motion to Dismiss filed by Sea Insure Agency (ECF No. 44) is hereby GRANTED IN PART and DENIED IN PART as follows:
• the Motion is hereby GRANTED as to Rich's claim for breach of contract against SIA (Count III), and that claim is hereby DISMISSED WITH PREJUDICE; • the Motion is hereby DENIED as to Rich's claim for equitable estoppel against SIA (Count V); • the Motion is hereby GRANTED as to Rich's claim for professional malpractice against SIA (Count VI), and that claim is hereby DISMISSED WITHOUT PREJUDICE;
• the Motion is hereby GRANTED as to Rich's claim for fraud against SIA (Count VII), and that claim is hereby DISMISSED WITHOUT PREJUDICE; and it is further
ORDERED that the Motion to Dismiss filed by Markel American Insurance (ECF No. 51) is hereby GRANTED IN PART and DENIED IN PART as follows:
• the Motion is hereby GRANTED as to Rich's claim for breach of contract against Markel (Count II) and that claim is hereby DISMISSED WITHOUT PREJUDICE; and it is further • the Motion is hereby DENIED as to Rich's claim for estoppel against Markel (Count V); and it is further
ORDERED that Third-Party Plaintiff Rich is hereby GRANTED leave to file a final, Third Amended Third Party Complaint by no later February 14, 2023 (limited in scope to addressing the deficiencies identified in the accompanying Opinion); in the alternative, should Rich not wish to further amend his Complaint, he shall file a Second Amended Third Party Complaint consistent with the accompanying Opinion by no later than February 14, 2023.