SUPERIOR FUELS, INC. v. NATIONWIDE AGRIBUSINESS INSURANCE COMPANY, 14-cv-1420-SMY-PMF. (2015)
Court: District Court, S.D. Illinois
Number: infdco20150508c12
Visitors: 5
Filed: May 07, 2015
Latest Update: May 07, 2015
Summary: MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . This matter comes before the Court on Defendant's Motion to Dismiss (Doc. 27). In its Amended Complaint for Declaratory Judgment (Doc. 20) Plaintiff asks the Court to "enter an order specifically finding that [Defendant]'s refusal to defend and indemnify was vexatious, unreasonable and reflected improper claim practices as defined in section 5/154.6 and 5/155 of the Illinois Insurance Code" (Doc. 20, p. 6). Defendant moves to dismiss P
Summary: MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . This matter comes before the Court on Defendant's Motion to Dismiss (Doc. 27). In its Amended Complaint for Declaratory Judgment (Doc. 20) Plaintiff asks the Court to "enter an order specifically finding that [Defendant]'s refusal to defend and indemnify was vexatious, unreasonable and reflected improper claim practices as defined in section 5/154.6 and 5/155 of the Illinois Insurance Code" (Doc. 20, p. 6). Defendant moves to dismiss Pl..
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MEMORANDUM AND ORDER
STACI M. YANDLE, District Judge.
This matter comes before the Court on Defendant's Motion to Dismiss (Doc. 27). In its Amended Complaint for Declaratory Judgment (Doc. 20) Plaintiff asks the Court to "enter an order specifically finding that [Defendant]'s refusal to defend and indemnify was vexatious, unreasonable and reflected improper claim practices as defined in section 5/154.6 and 5/155 of the Illinois Insurance Code" (Doc. 20, p. 6). Defendant moves to dismiss Plaintiff's claim of bad faith under 215 ILCS 5/155 pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Specifically, Defendant argues Plaintiff failed to plead sufficient facts to support its bad faith allegations. Plaintiff failed to timely respond to Defendant's Motion to Dismiss. Pursuant to Local Rule 7.1(c), the Court construes Plaintiff's failure to timely respond as an admission of the merits of the motion. Accordingly, the Court GRANTS Defendant's Motion to Dismiss (Doc. 27) and DISMISSES without prejudice Plaintiff's request for entry of an order that Defendant be ordered to pay penalties pursuant to 215 ILCS 5/155.
IT IS SO ORDERED.
Source: Leagle
