STIPULATION AND ORDER TO REMAND TO STATE COURT AND TO DISMISS PLAINTIFF'S EXTRA-CONTRACTUAL CLAIMS

RICHARD F. BOULWARE, II, District Judge.

Plaintiff CAROL ANN MAJORS ("Plaintiff") and Defendant GEICO GENERAL INSURANCE COMPANY ("Defendant")(collectively referred to as to "the Parties"), by and through their respective counsel of record, stipulate as follows:

1. Plaintiff's Complaint was originally filed in for Clark County, State of Nevada, on July 1, 2016.

2. Defendant removed this matter on August 3, 2016, on grounds of diversity of citizenship pursuant to 28 U.S.C. §1441 (b).

3. The Complaint alleges claims for underinsured motorist benefits, breach of the implied covenant of good faith and fair dealing, unfair claims practices and bad faith.

4. Plaintiff was involved in a motor vehicle collision on May 29, 2015. As set forth in Plaintiff's complaint, Plaintiff has previously recovered $15,000.00 from American Access Casualty Company, representing the tortfeasor's bodily injury liability limits. Plaintiff has also previously recovered $10,000.00 from GEICO representing medical payments coverage.

5. By way of this litigation, Plaintiff only seeks monetary damages in excess of the $15,000.00 which Plaintiff has previously recovered from American Access Insurance Company under their policy of insurance which provided coverage to the tortfeasor and the $10,000.00 which Plaintiff has previously recovered from GEICO representing medical payments coverage.

6. Pursuant to this Stipulation, Plaintiff agrees that her total claimed recoverable damages for underinsured motorist coverage against Defendant in this action does not, and will not, exceed the sum of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), exclusive of costs, and interest.

7. Pursuant to this Stipulation, the parties agree that the amount in controversy is $75,000.00 in "new money" and that Plaintiff's cause of action against Defendant is contractual in nature and specifically with regard to the value of Plaintiff's underinsured motorist claim.

8. Pursuant to this Stipulation, Plaintiff and Defendant have agreed to submit their dispute to arbitration in the Court Annexed Arbitration Program of the Eighth Judicial District Court of the State of Nevada.

9. Pursuant to this Stipulation, Plaintiff agrees that her claims for breach of the implied covenant of good faith and fair dealing, unfair claims practices and bad faith, as well as Plaintiff's prayer for punitive damages, shall be dismissed, with prejudice.

10. By entering into this Stipulation, Defendant neither acknowledges nor concedes liability or damages with respect to any claims brought by Plaintiff in her Complaint, or as such Complaint may hereafter be amended, and expressly denies liability and damages.

ORDER

IT IS SO ORDERED.