Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Foremost Signature Insurance Co. v. Silverboys, LLC

United States District Court, S.D. Florida, Miami Division

January 3, 2018

FOREMOST SIGNATURE INSURANCE COMPANY, Plaintiff,
v.
SILVERBOYS, LLC, SOJO DESIGN, LLC, SOFIA JOELSSON, XAVIER COE a/k/a CHAYANNE COE, and ROBERT WHITTINGHAM, Defendants.

          ORDER

          DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE.

         THIS CAUSE comes before the Court on Defendants' Motion to Dismiss [ECF No. 28]. The Court has reviewed the Motion and the record and is otherwise fully advised. For the reasons discussed below, the Court DENIES the Motion.

         BACKGROUND

         Plaintiff Foremost Signature Insurance Company (“Foremost”) brings this action against Defendants SoJo Design, LLC, Sofia Joelsson, and Xavier Coe a/k/a Chayanne Coe (collectively, “SoJo”) and Silverboys, LLC (“Silverboys”)[1] asking the Court to declare that Foremost has no duty to defend or indemnify SoJo on claims arising from an underlying action between SoJo and Silverboys.

         I. The Underlying Action

         On July 12, 2016, Silverboys filed an action against SoJo relating to SoJo's allegedly deficient design and construction of residential buildings in the Bahamas (the “Underlying Action”). Silverboys alleged damages “in the millions of dollars.” [ECF No. 1, Ex. A]. During the relevant time period, Foremost insured SoJo Design, LLC, pursuant to three consecutive liability insurance policies (the “Policies”). Foremost is currently defending SoJo in the Underlying Action with a reservation of rights.

         II. Procedural Background

         On February 25, 2017, Foremost brought this action, pursuant to Federal Rule of Civil Procedure 57 and 28 U.S.C. § 2201, seeking a declaration that the Policies do not cover Silverboys' claims against SoJo and that, therefore, Foremost has no duty to defend or indemnify SoJo in the Underlying Action. Foremost alleged that this Court has diversity jurisdiction over the declaratory action as the parties are of diverse citizenship and the amount in controversy exceeds $75, 000. [ECF No. 1].

         On April 26, 2017, SoJo moved to dismiss arguing that (1) Foremost has not alleged the requisite amount in controversy for diversity jurisdiction and (2) Foremost's request for declaratory relief is premature.

         DISCUSSION

         I. Standard of Review

         Rule 12(b)(1) Motion for Lack of Subject Matter Jurisdiction

         A motion to dismiss for lack of subject matter jurisdiction brought pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure may present either a facial or a factual challenge to the complaint. See McElmurray v. Consol. Gov't, 501 F.3d 1244, 1251 (11th Cir. 2007). In a facial challenge, a court is required only to determine if the plaintiff has “sufficiently alleged a basis for subject matter jurisdiction, and the allegations in [the] complaint are taken as true for purposes of the motion.” Id. at 1251. By contrast, a factual attack “challenge[s] ‘the existence of subject matter jurisdiction in fact, irrespective of the pleadings, and matters outside the pleadings . . . are considered.'” McElmurray, 501 F.3d at 1251 (quoting Lawrence v. Dunbar, 919 F.2d 1525, 1529 (11th Cir. 1990)). In a factual attack, “no presumptive truthfulness attaches to [a] plaintiff's allegations, ” Lawrence, 919 F.2d at 1529 (quoting Williamson, 645 F.2d at 413), and the plaintiff bears the burden to prove the facts sufficient to establish subject matter jurisdiction. See OSI, Inc. v. United States, 285 F.3d 947, 951 (11th Cir. 2002).

         Rule 12(b)(6) Motion for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.