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Swoboda v. Travelers Personal Insurance Company, 3:16-cv-00314. (2018)

Court: District Court, M.D. Pennsylvania Number: infdco20181002n96 Visitors: 14
Filed: Sep. 28, 2018
Latest Update: Sep. 28, 2018
Summary: ORDER JOSEPH F. SAPORITO, JR. , Magistrate Judge . AND NOW, this 28th day of September, 2018, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT: 1. The defendant's motion for summary judgment (Doc. 47) is GRANTED in part and DENIED in part as follows: the motion is GRANTED with respect to Count I of the complaint and DENIED with respect to Count II of the complaint; 2. The plaintiffs' motion for summary judgment (Doc. 45) is DENIED; 3. The Clerk is dire
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ORDER

AND NOW, this 28th day of September, 2018, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:

1. The defendant's motion for summary judgment (Doc. 47) is GRANTED in part and DENIED in part as follows: the motion is GRANTED with respect to Count I of the complaint and DENIED with respect to Count II of the complaint;

2. The plaintiffs' motion for summary judgment (Doc. 45) is DENIED;

3. The Clerk is directed to enter JUDGMENT in favor of the defendant with respect to Count I of the complaint, alleging common law breach of contract; and

4. The plaintiffs' claim under Count II of the complaint, alleging statutory bad faith pursuant to 42 Pa. Cons. Stat. Ann. § 8371, shall be set down for jury trial.

Source:  Leagle

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