Facts

Jose Cota and Adelaide Cota brought suit against Liberty Mutual Insurance Co. in relation to a contract dispute over whether the Cota's had homeowners insurance with Liberty Mutual.

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that they had homeowner insurance with defendant and that defendant breached its contract with plaintiffs when it failed to pay for injuries sustained during a flooding that occurred in plaintiffs' home.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiffs failed to allege sufficient facts to state a claim for breach of contract. Defendant argued that plaintiffs were suing an improper party to the action, as they listed Liberty Mutual Insurance instead of Liberty Mutual Insurance Corp.

Result

The court granted defendant's motion to dismiss for failure to to name the appropriate defendant and failure to allege sufficient facts to state a claim for breach of contract.