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Travelers Indemnity Co. of America v. Weaver Boos Consultants

September 9, 2009

TRAVELERS INDEMNITY COMPANY OF AMERICA, ET AL., PLAINTIFFS,
v.
WEAVER BOOS CONSULTANTS, INC., DEFENDANT.



The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM

Three related insurance companies (collectively "Travelers") have filed this diversity action against Weaver Boos Consultants, Inc. ("Weaver Boos"), stemming from the latter's asserted nonpayment of the audit-ascertained premiums on three workers compensation and commercial insurance policies issued by Travelers. Although this Court is contemporaneously issuing its customary initial scheduling order, this sua sponte memorandum is being issued as well to highlight an obvious problematic aspect of Travelers' Complaint.

Complaint Count I understandably sounds in breach of contract, based on the terms of the three years' policies at issue. But Count II, labeled "Unjust Enrichment by Defendant," ignores the basic principle that no such claim--essentially advanced in quantum meruit terms--is assertable where the parties have a contractual relationship. Although this Court will of course await Weaver Boos' responsive pleading, it would seem that no useful purpose is likely to be served by thus splintering a single claim (which is the operative concept in federal pleading) into two parts, one viable and the other not.

20090909

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