AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY v. FELIX

Justia Dockets & Filings Third Circuit Pennsylvania Western District AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY v. FELIX

AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY v. FELIX

Plaintiff:	AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY
Defendant:	DANIEL J. FELIX
Case Number:	3:2016cv00147
Filed:	June 24, 2016
Court:	US District Court for the Western District of Pennsylvania
Office:	Johnstown Office
County:	Cambria
Presiding Judge:	Kim R. Gibson
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
July 10, 2019	Filing 261 MEMORANDUM OPINION AND ORDER - upon consideration of the post-trial motions the parties filed after the jury verdict rendered in this case on December 4, 2018, IT IS HEREBY ORDERED as follows: (1) ANPAC's Motion to Alter Judgment, Motion for Ju dgment as a Matter of Law, and Motion for New Trial (ECF No. 223 ) is GRANTED IN PART and DENIED IN PART. ANPAC is entitled to judgment as a matter of law and remittitur on the jury's award for loss of contents, loss of dwelling, and loss of us e. ANPAC's Motion is denied in all other respects. The jury verdict is amended as follows: Loss of dwelling: $727,024.33; Loss of contents: $292,139.80; Loss of use: $0; Services from Robert L. Felix: $3,800, TOTAL: $ ;1,022,964.13. (2) Felix's Motion to Alter Judgment to Include Prejudgment and Post-Judgment Interest (ECF No. 219 ) is GRANTED. Felix is entitled to prejudgment interest at a rate of 6% from January 23, 2016 until the date of the entry o f the amended judgment. (3) The Court will defer ruling on Felix's Motion to Alter Judgment to Add Costs Pursuant to Rule 54(d). (ECF No. 220 .) Felix shall submit a bill of costs in accordance with LCvR 54. ANPAC shall file objections to Feli x's bill of costs no later than 14 days from the date of its filing. The Clerk of Court is directed to enter a corresponding amended judgment. The amended judgment should award Felix $1,023,018.13 plus prejudgment interest at a 6% ra te for the period from January 23, 2016 until date upon which the Court enters the amended judgment, and post-judgment interest from the date upon which the Court enters the amended judgment until payment, and as more fully stated in said Memorandum Opinion and Judgment. Signed by Judge Kim R. Gibson on 7/9/2019. (dlg)
April 11, 2018	Filing 72 MEMORANDUM OPINION AND ORDER - upon consideration of (1) the Motion for Summary Judgment filed by Felix (ECF No. 45 ) and (2) the Motion for Partial Summary Judgment as to All Claims of Bad Faith filed by American National (ECF No. 50 ), and in acc ordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED as follows: 1. The Court DENIES Felix's Motion for Summary Judgment (ECF No. 45 ). 2. The Court GRANTS American National's Motion for Partial Summary Judgment as to A ll Claims of Bad Faith (ECF No. 50 ). 3. The following claims remain: American National's claim for declaratory judgment (Count I); American National's claim for civil insurance fraud (Count II); and Felix's counter-claim for breach of contract, to the extent it asserts a breach of contract claim rather than a bad faith claim (Count I of Felix's Answer and Counterclaims). 4. American National's Unopposed Motion for Leave to File Excess Pages in Brief in Support of Mot ion for Summary Judgment (ECF No. 43 ) is DENIED AS MOOT. 5. The Court observes that discovery is closed, the deadline for filing dispositive motions has passed, and the Court has already held a Post-Discovery Status Conference in this case (see EC F No. 40 .) Accordingly, the case appears ready for trial. 6. The parties must comply with the Trial Order that follows this Memorandum Opinion, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 4/11/2018. (dlg)

Date Filed

Document Text

July 10, 2019

Filing 261 MEMORANDUM OPINION AND ORDER - upon consideration of the post-trial motions the parties filed after the jury verdict rendered in this case on December 4, 2018, IT IS HEREBY ORDERED as follows: (1) ANPAC's Motion to Alter Judgment, Motion for Ju dgment as a Matter of Law, and Motion for New Trial (ECF No. 223 ) is GRANTED IN PART and DENIED IN PART. ANPAC is entitled to judgment as a matter of law and remittitur on the jury's award for loss of contents, loss of dwelling, and loss of us e. ANPAC's Motion is denied in all other respects. The jury verdict is amended as follows: Loss of dwelling: $727,024.33; Loss of contents: $292,139.80; Loss of use: $0; Services from Robert L. Felix: $3,800, TOTAL: $ ;1,022,964.13. (2) Felix's Motion to Alter Judgment to Include Prejudgment and Post-Judgment Interest (ECF No. 219 ) is GRANTED. Felix is entitled to prejudgment interest at a rate of 6% from January 23, 2016 until the date of the entry o f the amended judgment. (3) The Court will defer ruling on Felix's Motion to Alter Judgment to Add Costs Pursuant to Rule 54(d). (ECF No. 220 .) Felix shall submit a bill of costs in accordance with LCvR 54. ANPAC shall file objections to Feli x's bill of costs no later than 14 days from the date of its filing. The Clerk of Court is directed to enter a corresponding amended judgment. The amended judgment should award Felix $1,023,018.13 plus prejudgment interest at a 6% ra te for the period from January 23, 2016 until date upon which the Court enters the amended judgment, and post-judgment interest from the date upon which the Court enters the amended judgment until payment, and as more fully stated in said Memorandum Opinion and Judgment. Signed by Judge Kim R. Gibson on 7/9/2019. (dlg)

April 11, 2018

Filing 72 MEMORANDUM OPINION AND ORDER - upon consideration of (1) the Motion for Summary Judgment filed by Felix (ECF No. 45 ) and (2) the Motion for Partial Summary Judgment as to All Claims of Bad Faith filed by American National (ECF No. 50 ), and in acc ordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED as follows: 1. The Court DENIES Felix's Motion for Summary Judgment (ECF No. 45 ). 2. The Court GRANTS American National's Motion for Partial Summary Judgment as to A ll Claims of Bad Faith (ECF No. 50 ). 3. The following claims remain: American National's claim for declaratory judgment (Count I); American National's claim for civil insurance fraud (Count II); and Felix's counter-claim for breach of contract, to the extent it asserts a breach of contract claim rather than a bad faith claim (Count I of Felix's Answer and Counterclaims). 4. American National's Unopposed Motion for Leave to File Excess Pages in Brief in Support of Mot ion for Summary Judgment (ECF No. 43 ) is DENIED AS MOOT. 5. The Court observes that discovery is closed, the deadline for filing dispositive motions has passed, and the Court has already held a Post-Discovery Status Conference in this case (see EC F No. 40 .) Accordingly, the case appears ready for trial. 6. The parties must comply with the Trial Order that follows this Memorandum Opinion, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 4/11/2018. (dlg)

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Plaintiff: AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY
Represented By:	Joseph A. Hudock, Jr.
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Defendant: DANIEL J. FELIX
Represented By:	Bryan D. Pasciak
Represented By:	Christopher J. Regan
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