Myerski v. First Acceptance Insurance Company, Inc. et al

Plaintiff: Richard Myerski
Defendant: First Acceptance Insurance Company, Inc. and First Acceptance Insurance Services, Inc.
Case Number: 3:2016cv00488
Filed: March 22, 2016
Court: Pennsylvania Middle District Court
Office: Scranton Office
County: Lackawanna
Presiding Judge: Richard P. Conaboy
Nature of Suit: Motor Vehicle
Cause of Action: 28:1332
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
August 3, 2016 Opinion or Order 38 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 Opinion or Order 28 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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Plaintiff: Richard Myerski
Represented By: John M. Mulcahey
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Defendant: First Acceptance Insurance Company, Inc.
Represented By: Paul C. Troy
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Defendant: First Acceptance Insurance Services, Inc.
Represented By: Paul C. Troy
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