Opinion
1:21-cv-01581
03-24-2022
CLEAR SPRING PROPERTY AND CASUALTY COMPANY, Plaintiff/Counterclaim Defendant v. MATADOR SPORTFISHING, LLC, Defendant/Counterclaim Plaintiff
ORDER
Yvette Kane, United States District Court Judge
AND NOW, on this 24th day of March 2022, upon consideration of Plaintiff/Counterclaim Defendant Clear Spring Property and Casualty Company's Motion for Judgment on the Pleadings (Doc. No. 19), and the briefing associated with the motion, and in accordance with the accompanying Memorandum, IT IS ORDERED THAT the Motion (Doc. No. 19) is GRANTED and count three of Defendant/Counterclaim Plaintiffs counterclaims is DISMISSED WITH PREJUDICE
As discussed more fully in the accompanying Memorandum, because the choice of law provision in the applicable insurance policy bars Defendant/Counterclaim Plaintiffs effort to assert a statutory bad faith claim under Pennsylvania law, any attempt to amend the claim would be futile.