McFerrin v. Allstate Property and Casualty Insurance Company

Justia Dockets & Filings Sixth Circuit Kentucky Eastern District McFerrin v. Allstate Property and Casualty Insurance Company

McFerrin v. Allstate Property and Casualty Insurance Company

Plaintiff:	Brandon McFerrin
Defendant:	Allstate Property and Casualty Insurance Company
Case Number:	6:2012cv00117
Filed:	June 27, 2012
Court:	US District Court for the Eastern District of Kentucky
Office:	London Office
County:	Leslie
Presiding Judge:	Gregory F. VanTatenhove
Nature of Suit:	Motor Vehicle
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 27, 2014	Filing 24 MEMORANDUM OPINION & ORDER: (1) Allstate's Motion for Partial Summary Judgment [R. 20 ] is GRANTED; (2) All of McFerrin's claims against Allstate for underinsured an/or uninsured motorist coverage are hereby DISMISSED WITH PREJUDIC E; (3) In light of the Court's analysis that even if McFerrin is permitted to supplement his answers to interrogatories, he still cannot meet his burden of proof in order to survive summary judgment, McFerrin's Motion to Supplement [R. [2 2]] is DENIED as MOOT; (4) The Final Pretrial Conference scheduled for July 14, 2014, and the Jury Trial scheduled for July 28, 2014, are hereby CANCELLED; (5) The Court's conclusion that McFerrin cannot establish the elements of his UIM claim is necessarily dispositive of McFerrins bad faith claim as well, which the Court previously bifurcated and stayed [R. 6], and thus McFerrins bad faith claim is also DISMISSED; and (6) An appropriate judgment will be entered contemporaneously herewith. Signed by Judge Gregory F. VanTatenhove on 06/27/2014.(KJA)cc: COR, London Diary, Jury Clerk

Date Filed

Document Text

June 27, 2014

Filing 24 MEMORANDUM OPINION & ORDER: (1) Allstate's Motion for Partial Summary Judgment [R. 20 ] is GRANTED; (2) All of McFerrin's claims against Allstate for underinsured an/or uninsured motorist coverage are hereby DISMISSED WITH PREJUDIC E; (3) In light of the Court's analysis that even if McFerrin is permitted to supplement his answers to interrogatories, he still cannot meet his burden of proof in order to survive summary judgment, McFerrin's Motion to Supplement [R. [2 2]] is DENIED as MOOT; (4) The Final Pretrial Conference scheduled for July 14, 2014, and the Jury Trial scheduled for July 28, 2014, are hereby CANCELLED; (5) The Court's conclusion that McFerrin cannot establish the elements of his UIM claim is necessarily dispositive of McFerrins bad faith claim as well, which the Court previously bifurcated and stayed [R. 6], and thus McFerrins bad faith claim is also DISMISSED; and (6) An appropriate judgment will be entered contemporaneously herewith. Signed by Judge Gregory F. VanTatenhove on 06/27/2014.(KJA)cc: COR, London Diary, Jury Clerk

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Plaintiff: Brandon McFerrin
Represented By:	William A. Hayes
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Defendant: Allstate Property and Casualty Insurance Company
Represented By:	Darrin Winn Banks
Represented By:	Marcia Milby Ridings
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