Watts et al v. Farmers Insurance Exchange et al
||Rodney Watts, Caiden Watts, Jackson Watts, Curtis Watts, Barry McBurnett, Renee Stone and Tammy McBurnett
||Farmers Insurance Exchange, Farmers Group, Inc. and Mid-Century Insurance Company
||August 28, 2017
||Alabama Northern District Court
||Virginia Emerson Hopkins
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|April 27, 2018
MEMORANDUM OPINION AND ORDER GRANTING IN PART and DENYING IN PART 25 MOTION to Dismiss, DENYING 26 MOTION to Strike, DENYING 24 MOTION to Dismiss. The Motion To Dismiss based on the Filed-Rate Doctrine is DENIED. Also, the Motion To Dismiss the fraud claims against the Exchange as being insufficiently pled is DENIED. The Group's Fraud Motion is GRANTED, and the Court DISMISSES Count I (fraud) against the Group. Count I remains against Mid-Century and the Exchange. Addi tionally, Counts II (breach of contract) and III (bad faith) are DISMISSED WITHOUT PREJUDICE based on ripeness grounds against the Group, Exchange, and Mid-Century.The STAY entered on January 18 (Doc. 37) is hereby LIFTED. The Plaintiffs aregiven 30 days to amend their complaint if they so choose. Signed by Judge Virginia Emerson Hopkins on 4/27/2018. (JLC)
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