Chaffetz Lindsey Team Obtains Dismissal Of Suit Under FRCP 12(B)(6)

May 2017 – A Chaffetz Lindsey team led by partner Cecilia Moss and senior associate Karen Baswell has successfully obtained an order dismissing the Complaint in the Southern District of New York against our client Zurich American Insurance Company for failure to state a claim.

Plaintiff policyholders had alleged breach of contract of an insurance policy issued by Zurich, and breach of the duty of good faith and fair dealing arising out of Zurich’s settlement of claims with an alleged additional insured under the policy.  The federal district court dismissed the Complaint under FRCP 12(b)(6), noting plaintiffs failed to allege a breach of Zurich’s obligations, or any resulting harm.  The dismissal is without prejudice.