Opinion
Civil Action 2:22-1344
08-28-2023
MARKOVITZ & GERMINARO, Plaintiff, v. BERKLEY INSURANCE COMPANY, Defendant.
Patricia L. Dodge, Magistrate Judge.
MEMORANDUM ORDER
Cathy Bissoon, United States District Judge.
This case has been referred to United States Magistrate Judge Patricia L. Dodge for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Local Rule of Civil Procedure 72.
On June 26, 2023, the Magistrate Judge issued a Report (Doc. 30) recommending that Berkley Insurance Company's (“Defendant's”) 12(b)(6) Motion to Dismiss for Failure to State a Claim (Doc. 16) be denied. Service of the Report and Recommendation was made, and Defendant filed Objections on July 10, 2023. (Doc. 31). Plaintiff filed a Response to Defendant's Objections on July 24, 2023. (Doc. 32).
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, it hereby is ORDERED that Defendant's Motion to Dismiss the Amended Complaint for Failure to State a Claim is DENIED; and the Report and Recommendation is ADOPTED as the Opinion of the District Court.
In so ruling, the Court notes that the Magistrate Judge's Report does not conclude that the policy exclusions at issue per se do not apply or otherwise reject Defendant's position outright. Rather, it finds that, viewing the Amended Complaint in the light most favorable to Plaintiff, the matters raised are inappropriate for resolution on a motion to dismiss.
IT IS SO ORDERED.