Turner et al v. State Farm Fire and Casualty Company
Ronald Turner and Bonnie Coenen |
State Farm Fire and Casualty Company |
3:2015cv00906 |
May 8, 2015 |
US District Court for the Middle District of Pennsylvania |
Scranton Office |
Luzerne |
Richard P. Conaboy |
Insurance |
28 U.S.C. ยง 1332 |
None |
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Filing 47 MEMORANDUM (Order to follow as separate docket entry)For the reasons discussed above, the Court determines that no reasonable juror could conclude that the Defendant exhibited bad faith as defined in Verdetto v. State Farm, supra at 484 ( and as affi rmed at 510 Fed. Appx. 209 (3d. Cir. 2013)). This would be true even if the operative evidentiary standard was by a mere preponderance of the evidence. Where, as here, the standard for proving a bad faith claim is provision of clear and convincing evidence (See Polselli, ante at 7), it is unthinkable that reasonable jurors could find for Plaintiffs on this issue. Accordingly, Plaintiffs count sounding in bad faith must be dismissed. An Order consistent with the forgoing determinations will be filed contemporaneously.Signed by Honorable Richard P. Conaboy on 5/30/17. (cc) |
Filing 14 MEMORANDUM (Order to follow as separate docket entry) Defendant's motion to dismiss pursuant to Rule 12(b)(6) of the FRCP is denied. (See Memo)Signed by Honorable Richard P. Conaboy on 1/13/15. (cc) |
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