Holovich v. Progressive Specialty Ins. Co.

Full title: JAMES HOLOVICH, Plaintiff, v. PROGRESSIVE SPECIALTY INSURANCE CO.…

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

Date published: Apr 28, 2022

Civil Action 22-1107 (E.D. Pa. Apr. 28, 2022)

Opinion

Civil Action 22-1107

04-28-2022

JAMES HOLOVICH, Plaintiff, v. PROGRESSIVE SPECIALTY INSURANCE CO., Defendant.

EDWARD G. SMITH, J.

ORDER

EDWARD G. SMITH, J.

AND NOW, this 28th day of April, 2022, after considering the complaint filed by the plaintiff, James Holovich (Doc. No. 1-5) and the motion to dismiss the complaint filed by the defendant, Progressive Specialty Insurance Co. (Doc. No. 3); and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:

1. The motion to dismiss (Doc. No. 3) is GRANTED IN PART and DENIED IN PART as follows:

a. The motion to dismiss, insofar as the defendant seeks dismissal of the plaintiff's claims for breach of contract (count I) and unjust enrichment (count III), is GRANTED. The plaintiff's claims for breach of contract based on the defendant's policy issued to Allison Zimmerman (count I) and unjust enrichment (count III) are DISMISSED WITH PREJUDICE;

b. The motion to dismiss, insofar as the defendant seeks dismissal of the plaintiff's claim for a violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law (count IV) is GRANTED. The plaintiff's claim for a violation of

Pennsylvania's Unfair Trade Practices and Consumer Protection Law is DISMISSED WITHOUT PREJUDICE; and

c. The motion to dismiss, insofar as the defendant seeks dismissal of the plaintiff's claim breach of contract based on his insurance policy with the defendant (count II) is DENIED;

2. The plaintiff shall have a period of fourteen (14) days from the date of this order to file an amended complaint to the extent he can assert a plausible claim under the Unfair Trade Practices and Consumer Protection Law;

3. If the plaintiff does not file an amended complaint in accordance with paragraph 2 of this order, the court will deem him to have stood on his original complaint, and the defendant shall have fourteen (14) days from the expiration of the 14-day period set forth in paragraph 2 to file an answer to the complaint; and

4. If the plaintiff timely files an amended complaint in accordance with paragraph 2 of this order, the defendant shall have fourteen (14) days from the date of the filing of an amended complaint to file a response to the amended complaint.