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HARTSOCK v. AMERICAN AUTO. INS. CO.

Civil Action No.: 2:11-CV-00363-PMD.

788 F.Supp.2d 447 (2011)

Theodore G. HARTSOCK, Jr., as Personal Representative of the Estate of Sarah Mills Hartsock, Plaintiff, v. AMERICAN AUTOMOBILE INSURANCE COMPANY, a Division of Fireman's Fund Insurance Company, Defendant.

United States District Court, D. South Carolina, Charleston Division.

May 17, 2011.

Attorney(s) appearing for the Case

Mark Charles Tanenbaum, Mia Lauren Maness, Mark C. Tanenbaum Law Office, Charleston, SC, for Plaintiff.

William Francis Marion, Jr., Kenneth N. Shaw, Haynsworth Sinkler Boyd, Greenville, SC, for Defendant.

ORDER

PATRICK MICHAEL DUFFY, District Judge.

This matter is before the Court on Defendant American Automobile Insurance Company's ("Defendant" or "AAIC") motion to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(6). Having reviewed the motion and briefs submitted by the parties and the relevant statutes and case law, the Court denies Defendant's motion to dismiss.

BACKGROUND

Plaintiff Theodore G. Hartsock...

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