Opinion
Civil Action 21-4360
02-24-2022
KARL MARTIN et al. v. LIBERTY MUTUAL INSURANCE COMPANY
ORDER RE MOTION TO DISMISS AMENDED COMPLAINT
MICHAEL M. BAYLSON UNITED STATES DISTRICT JUDGE
AND NOW, this 24th day of February, 2022, upon consideration of Plaintiffs' Amended Complaint (ECF 11), Defendant's Motion to Dismiss Plaintiffs' Amended Complaint (ECF 12), Plaintiffs' Response in Opposition (ECF 13), and Defendant's Reply (ECF 14), and for the reasons stated in the foregoing Memorandum, it is hereby ORDERED that Defendant's Motion to Dismiss is:
1. DENIED as to Plaintiffs' breach of contract claim (Count I); and
2. GRANTED as to Plaintiffs' unjust enrichment, Pennsylvania Unfair Insurance Practices Act, and Pennsylvania Unfair Trade Practices and Consumer Protection Act (Counts III - V). Counts III - V are DISMISSED without prejudice.