Lilly et al v. GEICO Indemnity Company
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|Date Filed||#||Document Text|
|September 29, 2014
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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