Harless et al v. Cincinnati Insurance Company
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|Date Filed||#||Document Text|
|March 21, 2016
MEMORANDUM OPINION AND PARTIAL DISMISSAL ORDER - The Court has reviewed the record and Judge Daviss November 5, 2015 report and recommendation. Applying the clearly erroneous standard, the Court ADOPTS the November 5, 2015 report and ACCEPTS Judge D aviss recommendation that the Court enter judgment as a matter of law on the plaintiffs claims for bad faith (Count II) and negligent, reckless and/or wanton claims handling (Count III). The Court DISMISSES WITH PREJUDICE the plaintiffs claims for ba d faith (Count II) and negligent, reckless and/or wanton claims handling (Count III). The plaintiffs claim for breach of contract (Count I) and the defendants counterclaim for declaratory judgment remain pending. The Court returns these claims to Judge Davis for further proceedings consistent with this memorandum opinion. Signed by Judge Madeline Hughes Haikala on 3/21/2016. (KEK)
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