Filed: Aug. 19, 2014
Latest Update: Aug. 19, 2014
Summary: ORDER ROBERT F. KELLY, Senior Judge. AND NOW, this 19th day of August, 2014, upon consideration of Defendant, State Farm Fire and Casualty Company's ("State Farm"), Motion for Partial Summary Judgment (Doc. No. 11), Plaintiffs, Robert Currie and Kathleen Currie's ("Plaintiffs"), Response, State Farm's Reply, and Plaintiffs' Sur-Reply, it is hereby ORDERED that said Motion is GRANTED in part and DENIED in part as follows: 1. Summary Judgment is DENIED as to the Breach of Contract clai
Summary: ORDER ROBERT F. KELLY, Senior Judge. AND NOW, this 19th day of August, 2014, upon consideration of Defendant, State Farm Fire and Casualty Company's ("State Farm"), Motion for Partial Summary Judgment (Doc. No. 11), Plaintiffs, Robert Currie and Kathleen Currie's ("Plaintiffs"), Response, State Farm's Reply, and Plaintiffs' Sur-Reply, it is hereby ORDERED that said Motion is GRANTED in part and DENIED in part as follows: 1. Summary Judgment is DENIED as to the Breach of Contract claim..
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ORDER
ROBERT F. KELLY, Senior Judge.
AND NOW, this 19th day of August, 2014, upon consideration of Defendant, State Farm Fire and Casualty Company's ("State Farm"), Motion for Partial Summary Judgment (Doc. No. 11), Plaintiffs, Robert Currie and Kathleen Currie's ("Plaintiffs"), Response, State Farm's Reply, and Plaintiffs' Sur-Reply, it is hereby ORDERED that said Motion is GRANTED in part and DENIED in part as follows:
1. Summary Judgment is DENIED as to the Breach of Contract claim (Count I);
2. Summary Judgment is DENIED as to the Bad Faith claim (Count II), specifically with regard to the issue of whether State Farm's refusal to go to appraisal constitutes bad faith; and
3. Summary Judgment is GRANTED specifically on the issue of whether State Farm's dealings with Kanga Roofing constitutes bad faith.