Terranova et al v. American Family Mutual Insurance Company
| Petie J. Terranova and Terri L. Terranova |
| American Family Mutual Insurance Company |
| 4:2009cv00902 |
| October 29, 2009 |
| US District Court for the Western District of Missouri |
| Kansas City Office |
| Ray |
| Fernando J. Gaitan |
| None |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| None |
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Filing
9
ORDER granting 4 defendant's motion for partial dismissal. Plaintiffs' claims for punitive and emotional distress damages are dismissed as they are preempted by Missouri's vexatious refusal to pay statute, Mo. Rev. Stat. § 375.4 20. Further, no cause of action exists under Missouri law for violation of the Attorney-Client Relationship, so plaintiff's claims for the same must be dismissed. Signed by Chief District Judge Fernando J. Gaitan, Jr. on 11/30/09. (Enss, Rhonda) Modified on 12/1/2009 to reflect that copy was mailed to plaintiff's counsel, Stanley M. Thompson, this date (Rowland, Bonnie).
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