Myerski v. First Acceptance Insurance Company, Inc. et al
||First Acceptance Insurance Company, Inc. and First Acceptance Insurance Services, Inc.
||March 22, 2016
||US District Court for the Middle District of Pennsylvania
||Richard P. Conaboy
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|August 3, 2016
MEMORANDUM (Order to follow as separate docket entry)For the reasons discussed above, with the Courts clarification of the standard employed in the Courts June 13, 2016, Memorandum, Plaintiff has not shown that the Court erred in its determination th at Plaintiffs claim for bad faith was properly dismissed. Therefore, Plaintiffs Motion for Reconsideration of the June 13, 2016 Order (Doc. 32) is DENIED. An appropriate Order will be filed simultaneously with this Memorandum. re 32 MOTION for Reconsideration filed by Richard Myerski Signed by Honorable Richard P. Conaboy on 8/3/16. (cc)
|June 13, 2016
MEMORANDUM (Order to follow as separate docket entry)For the reasons discussed above, Defendants Motion to Dismiss (Doc. 7) is GRANTED and the following counts are dismissed from Plaintiffs Complaint: Count Three, Good Faith and Fair Dealing; Count F our, Bad Faith 42 Pa. C.S. § 8371; Count Five, Negligence; and Count Six, Vicarious Liability. Given the facts alleged and the legal requirements of the claims dismissed, it appears that amendment would be futile. However, in an abundance of c aution,the Court will allow Plaintiff an opportunity to amend his complaint as to these claims. The following claims go forward: Count One, Uninsured Motorist Claim; Count Two, Breach of Contract; and Count Seven, Claim Pursuant to 75 Pa. C.S. § 1716. An Order consistent with these determinations will be filed simultaneously with this Memorandum.Signed by Honorable Richard P. Conaboy on 6/10/16. (cc)
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