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WESTFIELD INSURANCE COMPANY v. THE CONTINENTAL INSURANCE COMPANY

Case No. 1:13-CV-02367.

WESTFIELD INSURANCE COMPANY, Plaintiff, v. THE CONTINENTAL INSURANCE COMPANY et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

July 15, 2014.

Attorney(s) appearing for the Case

Westfield Insurance Company, Plaintiff, represented by J. Stephen Teetor , Isaac Wiles Burkholder & Teetor, James H. Ledman , Isaac Wiles Burkholder & Teetor, Jennifer Sardina Carlozzi , Davis & Young & Mark A. Glumac , Isaac Wiles Burkholder & Teetor.

Mahoning Valley Supply Company, Plaintiff, represented by J. Stephen Teetor , Isaac Wiles Burkholder & Teetor, James H. Ledman , Isaac Wiles Burkholder & Teetor & Mark A. Glumac , Isaac Wiles Burkholder & Teetor.

Continental Insurance Company, as successor in interest to other Buckeye Union Insurance Company, Defendant, represented by Eileen King Bower , Troutman Sanders, Richard C.O. Rezie , Gallagher Sharp & Danielle N. Twait , Troutman Sanders.

Continental Insurance Company, as successor by merger to other Buckeye Union Insurance Company, Counter-Claimant, represented by Eileen King Bower , Troutman Sanders, Richard C.O. Rezie , Gallagher Sharp & Danielle N. Twait , Troutman Sanders.

Westfield Insurance Company, Counter-Defendant, represented by J. Stephen Teetor , Isaac Wiles Burkholder & Teetor & Jennifer Sardina Carlozzi , Davis & Young.

MEMORANDUM OPINION AND ORDER

DONALD C. NUGENT, District Judge.

Defendant Resolute Management, Inc. ("Resolute") moves under Fed. R. Civ. P.12(b)(6) to dismiss, with prejudice, Counts I and II of the Complaint filed by Plaintiff Westfield Insurance Company ("Westfield"). For the reasons stated, Resolute's Motion to Dismiss (ECF #16) is GRANTED.

I. FACTS

On October 24, 2013, Westfield filed a Complaint...

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