MEMORANDUM OPINION AND ORDER
KEITH STARRETT, District Judge.
This cause is before the Court on the motion for judgment on the pleadings [Doc. # 9] filed by Safeway Insurance Company. Because Safeway Insurance Company has failed to show that the Plaintiff can prove no set of facts in support of his claim that would entitle him to relief, the motion for judgment on the pleadings should be denied.
I. FACTUAL BACKGROUND
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