. In addition to failing to state a state-law claim upon which relief can be granted under federal diversity jurisdiction, the plaintiffs also have failed to state a claim that would warrant the exercise of federal question jurisdiction. Although the plaintiff did assert two claims based on alleged due process violations of the Fourteenth Amendment, it is clear that these claims have no merit because St. Paul is a private insurance company to which the Fourteenth Amendment does not apply. United States v. Morrison, 529 U.S. 598, 621, 120 S.Ct. 1740, 146 L.Ed.2d 658 (2000) (quoting Shelley v. Kraemer, 334 U.S. 1, 13, 68 S.Ct. 836, 92 L.Ed. 1161 (1948)) ("[Tjhe Fourteenth Amendment, by its very terms, prohibits only state action.... 'That Amendment erects no shield against merely private conduct, however discriminatory or wrongful.’ ”).