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AMERICAN GENERAL LIFE INSURANCE COMPANY v. FUTRELL, 2:11-cv-00977-PMP-RJJ. (2012)

Court: District Court, D. Nevada Number: infdco20130205c16
Filed: Dec. 19, 2012
Latest Update: Dec. 19, 2012
Summary: STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE, OF THIRD-PARTY PLAINTIFF DON JUAN W. FUTRELL'S THIRD-PARTY COMPLAINT AGAINST THIRD-PARTY DEFENDANT AAA LIFE INSURANCE COMPANY PHILIP M. PRO, District Judge. IT IS HEREBY STIPULATED by and between Third-Party Plaintiff Don Juan W. Futrell and Third-Party Defendant AAA Life Insurance Company, by and through their undersigned counsel of record, that Third-Party Plaintiff Don Juan W. Futrell's Third-Party Complaint against AAA Life Insurance Comp
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STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE, OF THIRD-PARTY PLAINTIFF DON JUAN W. FUTRELL'S THIRD-PARTY COMPLAINT AGAINST THIRD-PARTY DEFENDANT AAA LIFE INSURANCE COMPANY

PHILIP M. PRO, District Judge.

IT IS HEREBY STIPULATED by and between Third-Party Plaintiff Don Juan W. Futrell and Third-Party Defendant AAA Life Insurance Company, by and through their undersigned counsel of record, that Third-Party Plaintiff Don Juan W. Futrell's Third-Party Complaint against AAA Life Insurance Company, only, with the following claims for relief: 1) Declaratory Relief; 2) Breach of Contract; 3) Contractual Breach of Covenant of Good Faith and Fair Dealing; 4) Tortious Breach of Covenant of Good Faith and Fair Dealing; 5) Negligent Misrepresentation; 6) Intentional Misrepresentation; and 7) Civil Conspiracy, shall be dismissed, with prejudice, each party to bear their own costs and attorney's fees;

IT IS FURTHER STIPULATED that Third-Party Defendant AAA Life Insurance Company waives its attorney's fees and costs the court awarded (Dkt. #97) in the amount of $2,745.00; and

IT IS FURTHER STIPULATED that pursuant to NEV. REV. STAT. § 687B.110 (1971) and AAA Life Insurance Company's Policy, AAA Life Insurance Company's Policy Number # 4013797214 issued to and in the name of Joshua Dufort is void from the inception and rescinded.

ORDER

Based upon the foregoing Stipulation, IT IS HEREBY ORDERED that Third-Party Plaintiff Don Juan W. Futrell's Third-Party Complaint against AAA Life Insurance Company, only, with the following claims for relief: 1) Declaratory Relief; 2) Breach of Contract; 3) Contractual Breach of Covenant of Good Faith and Fair Dealing; 4) Tortious Breach of Covenant of Good Faith and Fair Dealing; 5) Negligent Misrepresentation; 6) Intentional Misrepresentation; and 7) Civil Conspiracy, is hereby dismissed, with prejudice, each party to bear their own costs and attorney's fees; and

IT IS FURTHER ORDERED that pursuant to NEV. REV. STAT. § 687B.110 (1971) and AAA Life Insurance Company's Policy, AAA Life Insurance Company's Policy Number # 4013797214 issued to and in the name of Joshua Dufort is void from the inception and rescinded.

IT IS SO ORDERED.

Source:  Leagle

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