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17-11969 - Barron, DC et al v. NCMIC Insurance Co.


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17-11969 - Barron, DC et al v. NCMIC Insurance Co.
May 4, 2018
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Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Given the early stage of the case, the Court will allow the Barron Chiropractors an opportunity to amend their complaint to clarify their theory as to how the Underlying Action roughly sketches a claim for an injury as defined by the Policy. Moreover, the Barron Chiropractors may further develop their allegations regarding their indemnity rights, as neither party adequately addressed the question of whether the Underlying Action triggers a right to indemnification. Accordingly, the motion to dismiss ECF No. 5 is GRANTED and the complaint is DISMISSED without prejudice. The Barron Chiropractors may file an amended complaint within 30 days of date of this Order. SO ORDERED.(McDonagh, Christina)