Lumbermans Mutual Casualty v. First Insurance Services, Inc.

Justia Dockets & Filings Fourth Circuit North Carolina Eastern District Lumbermans Mutual Casualty v. First Insurance Services, Inc.

Lumbermans Mutual Casualty v. First Insurance Services, Inc.

Plaintiff:	Lumbermans Mutual Casualty Insurance Company
Defendant:	First Insurance Services, Inc.
Case Number:	5:2004cv00580
Filed:	August 16, 2004
Court:	US District Court for the Eastern District of North Carolina
Office:	Western Division Office
County:	BEAUFORT
Presiding Judge:	Malcolm J. Howard
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 28, 2008	Filing 56 ORDER granting in part and denying in part 39 Motion for Summary Judgment and adopting in part Report and Recommendations re 49 Memorandum and Recommendations. Defendant's motion for summary judgment is GRANTED as to (1) thd negligent misre presentation claim regarding the Fire Protection Class, (2) the negligent and fraudulent misrepresentation claim regarding the understatement of replacement cost and (3) the breach of contract claim. The defendant's motion for summary judgment is DENIED as to (1) the negligent misrepresentation claim regarding the fire hydrant distance and (2) the negligence claim. This matter remains scheduled for the civil term beginning December 15, 2008. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 10/28/2008. (Heath, D.)

Date Filed

Document Text

October 28, 2008

Filing 56 ORDER granting in part and denying in part 39 Motion for Summary Judgment and adopting in part Report and Recommendations re 49 Memorandum and Recommendations. Defendant's motion for summary judgment is GRANTED as to (1) thd negligent misre presentation claim regarding the Fire Protection Class, (2) the negligent and fraudulent misrepresentation claim regarding the understatement of replacement cost and (3) the breach of contract claim. The defendant's motion for summary judgment is DENIED as to (1) the negligent misrepresentation claim regarding the fire hydrant distance and (2) the negligence claim. This matter remains scheduled for the civil term beginning December 15, 2008. Counsel served by NEF. Signed by Senior Judge Malcolm J. Howard on 10/28/2008. (Heath, D.)

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Plaintiff: Lumbermans Mutual Casualty Insurance Company
Represented By:	William W. Pollock
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Defendant: First Insurance Services, Inc.
Represented By:	William Sutton Cherry, III
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