Fill out the following form. You are the "Plaintiff.Unlike a summary judgment motion, a motion to dismiss for failure to state a claim pursuant to R. -2(e) is based on the pleadings themselves. A finding that an insurer is in a hazardous financial condition constitutes grounds for liquidation pursuant to N.J.S.A. C-8 and N.J.S.A. C-6f. Superior Court of New Jersey Bergen County. Timing. Dismiss Complaint Failure to State a Claim. Filling out this form requires careful attention to detail. Ensure you provide accurate information regarding the case and parties involved. Order. You must fill out this form if you are filing a Motion. A Practice Note explaining motions to dismiss under New Jersey Court Rule -2 in actions pending in the New Jersey Superior Court, Law Division, Civil Part.