Lilly et al v. GEICO Indemnity Company

Plaintiff: Donald Lilly and Charlotte Lilly
Defendant: GEICO Indemnity Company
Case Number: 4:2014cv00010
Filed: January 3, 2014
Court: Alabama Northern District Court
Office: Middle Office
County: Marshall
Presiding Judge: Robert B Propst
Nature of Suit: Insurance
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
September 29, 2014 18 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER re 4 Motion to Dismiss and 6 Motion for Summary Judgment- As to the bad faith refusal to pay claim in Count II- the claim is due to be dismissed; the court DISMISSES the bad faith failure to pay claim in Count II WITH OUT PREJUDICE; As to the breach of contract claim asserted in Count I- the court addresses it as a motion for dismissal and DENIES the motion to dismiss as to the breach of contract claim at this time, WITHOUT PREJUDICE to revisiting that issue at a later stage; As for the bad faith claim in Count II, the court DEEMS the motion for summary judgment to be MOOT, as the court has dismissed that claim. As to the claims in Count I, the court DENIES the motion WITHOUT PREJUDICE. This case will proceed with the claims of breach of contract in Count I and, to the extent, if any, that they are separate, the claims for UIM benefits in Count III. Signed by Chief Judge Karon O Bowdre on 9/29/14. (SAC )

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Defendant: GEICO Indemnity Company
Represented By: Ralph D Gaines, III
Represented By: Travis G McKay, Jr
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Plaintiff: Donald Lilly
Represented By: E Shane Hollaway
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Plaintiff: Charlotte Lilly
Represented By: E Shane Hollaway
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