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Indianapolis Motor Speedway, LLC v. Global Live, Inc.

United States District Court, S.D. Indiana, Indianapolis Division

August 14, 2017

Indianapolis Motor Speedway, LLC, Plaintiff,
v.
Global Live, Inc. and New York Marine and General Insurance Company a/k/a ProSight Specialty Insurance Group Inc., Defendants.

          ORDER

          Hon. Jane Magntts-Stinson, Chief Judge United States District Court.

         Plaintiff Indianapolis Motor Speedway, LLC (“IMS”) and Defendant Global Live, Inc. (“Global Live”) entered into a Special Event Agreement (the “Event Agreement”) in April 2015 which allowed Global Live to host a concert featuring the Rolling Stones on July 4, 2015 at IMS. Pamela and William Shepard attended the concert, and both were injured when they tripped over a curb and fell while walking in a tunnel at IMS at the end of the evening. The Shepards have sued IMS in Indiana State Court (the “Underlying Lawsuit”), and IMS claims in this lawsuit that Defendant New York Marine and General Insurance Company, also known as ProSight Insurance Group, Inc. (“ProSight”), must defend and indemnify it in the Underlying Lawsuit under a commercial general liability policy ProSight issued to Global Live (the “Policy”). Presently pending before this Court is a Motion to Dismiss filed by Global Live and ProSight. [Filing No. 7.]

         I.

         Standard of Review

         Under Federal Rule of Civil Procedure 12(b)(6), a party may move to dismiss a claim that does not state a right to relief. The Federal Rules of Civil Procedure require that a complaint provide the defendant with “fair notice of what the…claim is and the grounds upon which it rests.” Erickson v. Pardus, 551 U.S. 89, 93 (2007) (quoting Bell Atlantic v. Twombly, 550 U.S. 544, 555 (2007)). In reviewing the sufficiency of a complaint, the Court must accept all well-pled facts as true and draw all permissible inferences in favor of the plaintiff. See Active Disposal Inc. v. City of Darien, 635 F.3d 883, 886 (7th Cir. 2011). A Rule 12(b)(6) motion to dismiss asks whether the complaint “contain[s] sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550 U.S. at 570). The Court will not accept legal conclusions or conclusory allegations as sufficient to state a claim for relief. See McCauley v. City of Chicago, 671 F.3d 611, 617 (7th Cir. 2011). Factual allegations must plausibly state an entitlement to relief “to a degree that rises above the speculative level.” Munson v. Gaetz, 673 F.3d 630, 633 (7th Cir. 2012). This plausibility determination is “a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Id.

         II.

         Background

         The factual allegations in the Complaint filed by IMS, [1] which the Court must accept as true at this time, are as follows:

         A. The Event Agreement

         In April 2015, IMS and Global Live entered into the Event Agreement, which allowed Global Live to host a concert featuring The Rolling Stones at IMS on July 4, 2015 (the "Event"). [Filing No. 1-1 at 11.] The Event Agreement set forth the obligations of IMS and Global Live in connection with the Event, including the following:

• Global Live was to provide "Event insurance" as follows:

         (Image omitted)

         [Filing No. 1-1 at 25-26.]

• Global Live was to indemnify IMS under certain circumstances as provided in the Indemnification Provision, ...

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