CW Kearse, LLC v. Cumberland Mut. Fire Ins. Co.

Full title: CW KEARSE, LLC d/b/a FORSYTHIA, Plaintiff v. CUMBERLAND MUTUAL FIRE…

Court: United States District Court, E.D. Pennsylvania

Date published: May 15, 2024

Civil Action 23-3936 (E.D. Pa. May. 15, 2024)

Opinion

Civil Action 23-3936

05-15-2024

CW KEARSE, LLC d/b/a FORSYTHIA, Plaintiff v. CUMBERLAND MUTUAL FIRE INSURANCE COMPANY, Defendant

GENE E.K. PRATTER, United States District Judge

ORDER

GENE E.K. PRATTER, United States District Judge

AND NOW, this 15^th day of May, 2024, upon consideration of Cumberland Mutual Fire Insurance Company's Partial Motion to Dismiss (Doc, No, 19), CW Kearse's Response in Opposition (Doc. No. 20), and Cumberland Mutual's Reply in Support of the Partial Motion to Dismiss (Doc. No. 21), and for the reasons set forth in the accompanying memorandum, it is ORDERED that:

1. The Partial Motion to Dismiss the Amended Complaint (Doc. No. 19) is GRANTED.

2. CW Kearse's bad faith claim (Count II) of the Amended Complaint is DISMISSED WITHOUT PREJUDICE.

3. Within twenty-one (21) days of this Order, CW Kearse may, consistent with the Memorandum, file an amended complaint reasserting its claims with additional factual allegations to support Count II. If CW Kearse fails to timely file an amended complaint, the case will proceed on Count 1 of the Amended Complaint, see Doc. No. 14.