SEARCH

Ameriprise Captive Ins. Co. v. Audatex North Am.

Agreement Did Not Show 'Unmistakable Intent' to Require Defendant to Defend, Indemnify

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Plaintiff Ameriprise Captive Insurance Company (“Ameriprise” or “Plaintiff”), as subrogee of IDS Property Casualty Insurance Company (“IDS”), commenced this action against Defendant Audatex North America, Inc. (“Audatex” or “Defendant”), for breach of contract. See generally ECF No. 1. Plaintiff alleges that Defendant breached its contractual obligations to indemnify the cost of defending and settling another lawsuit, Zuern v. IDS Prop. Cas. Ins. Co., No. 3:19-cv-06235 (MLP), (W.D. Wash.) (“Zuern”), and carry certain insurance. Pending before the Court is Defendant’s motion to dismiss with prejudice under Federal Rule of Civil Procedure (“Rule”) 12(b)(6). ECF No. 22.¹ For the following reasons, Defendant’s motion to dismiss is GRANTED. BACKGROUND² I. The Parties Plaintiff Ameriprise is a Vermont insurance company with its principal place of business in Minnesota. Compl. 6. Ameriprise provided insurance coverage to its affiliate, IDS, for purposes of the Zuern litigation. Id.

1, 6, 35, 47. IDS is a Wisconsin insurance company with its principal place of business in Wisconsin. Id. 7. Because the parties agree that the corporate distinction between Ameriprise and IDS is “immaterial for purposes of this motion to dismiss,” the Court hereafter refers to the Ameriprise and IDS entities collectively as “Ameriprise” or “Plaintiff.” Br. at 3 n.4 (referring to entities collectively as “Ameriprise” or “Plaintiff”); see Compl. 47 (alleging that Ameriprise “is subrogated to the rights of” IDS). Defendant Audatex is a Delaware corporation with its principal place of business in California. Compl. 8. Defendant sells services and software to insurance companies, including to Plaintiff. Id. 13. II. The Agreement In October 2011, the parties entered into the Application Service Provider Agreement (the “Agreement”), and a Statement of Work for purposes of implementing the Agreement. Id.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Legal Innovation Awards 2024

May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.

Learn More

Southeastern Legal Awards 2024

June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...

Apply Now ›

ASSOCIATE ATTORNEY-PERTH AMBOY-NJ

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...

Apply Now ›

Bankruptcy Attorney - New York Metropolitan Area Lawyers

Black Owl Recruiting is looking for a number of qualified applicants to fill positions for a highly reputable client. Recent experience work...

Apply Now ›

Clifford Law Offices, PC

04/29/2024
The National Law Journal

Professional Announcement

View Announcement ›

MELICK & PORTER, LLP

04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS

View Announcement ›

Apruzzese, McDermott, Mastro & Murphy, P.C.

04/11/2024
New Jersey Law Journal

Professional Announcement

View Announcement ›