Hardinger v. Motorists Mutual Insurance Company

Full title: DAVID M. HARDINGER, AND CHRYSTAL HARDINGER, Plaintiffs, v. MOTORISTS…

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

Date published: Feb 27, 2003

Civil Action No. 03-CV-115A (E.D. Pa. Feb. 27, 2003)

Opinion

Civil Action No. 03-CV-115A

February 27, 2003

ORDER

FRANKLIN S. VAN ANTWERPEN, United States District Judge

AND NOW, this 27th day of February, 2003, upon consideration of Defendant Motorists Mutual Insurance Company's Motion to Dismiss [4] filed on January 14, 2003; and Plaintiffs' Chrystal and David M. Hardinger's Memorandum in Opposition to Motion to Dismiss [5] filed on January 24, 2003, it is hereby ORDERED that:

(1) Defendant Motorists Mutual Insurance Company's Motion to Dismiss [5] with regards to alleged breach of implied covenant of good faith (counts IV) and fiduciary duty (Count V) is GRANTED, and these counts are dismissed with prejudice;

(2) Defendant Motorists Mutual Insurance Company's Motion to Dismiss [5] with respect to alleged violation of Unfair Trade Practices and Consumer Protection Law is GRANTED as to the denial or withholding of benefit, and this claim is dismissed with prejudice;

(3) Defendant Motorists Mutual Insurance Company's Motion to Dismiss [5] is DENIED in all other respects.

(4) Defendant Motorists Mutual Insurance Company shall answer the complaint within 14 days form the date of this order.