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Duckson v. Continental Casualty Co.

United States District Court, District of Minnesota

January 6, 2015

Todd A. Duckson, Plaintiff,
v.
Continental Casualty Company, Chicago Insurance Company, Nautilus Insurance Company, and Hinshaw & Culbertson, LLP, Defendants.

Scott R. Carlson, Esq., DC Law Chartered, for Plaintiff

Joseph R. Menning, Esq., McCullough Campbell & Lane LLP, Chicago, Illinois, for Defendants Continental Casualty Company, Chicago Insurance Company, and Nautilus Insurance Company

Russell S. Ponessa, Esq., Hinshaw & Culbertson LLP, for Defendant Hinshaw & Culbertson LLP.

ORDER ON DEFENDANTS’ MOTIONS TO DISMISS AND FOR SANCTIONS

Michael J. Davis United States District Court Chief Judge

Based upon the Report and Recommendation by United States Magistrate Judge Jeffrey J. Keyes dated December 8, 2014, with all the files and records, and no objections having been filed to said Recommendation, IT IS HEREBY ORDERED that:

1. Defendants’ Joint Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED as specifically stated below (Doc. No. 7);

2. Defendants’ motion to dismiss the Count I claim for declaratory judgment, holding that an attorney malpractice insurance policy provides Plaintiff defense and indemnification coverage, is GRANTED;

3. Defendants’ motion to dismiss Plaintiff’s Count II claim for breach of contract is GRANTED;

4. Defendants’ motion to dismiss Plaintiff’s Count III claim for breach of duties including fiduciary duty by the Insurer Defendants is GRANTED.

5. Defendants’ Joint Motion for Sanctions pursuant to Federal Rule of Civil Procedure 11 is DENIED (Doc. No. 14); and

6. This matter is DISMISSED WITH PREJUDICE.

LET JUDGMENT BE ENTERED ACCORDINGLY


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