Opinion
CIVIL ACTION NO. 1:08CV18 LTS-RHW.
March 27, 2009
ORDER GRANTING IN PART AND DENYING IN PART THE DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT AND TO STRIKE PLAINTIFFS' CLAIMS FOR EMOTIONAL DISTRESS
In accordance with the Memorandum Opinion I have this day entered, it is
ORDERED
That the defendant's motion [158] for summary judgment is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to the coverage for "other structures." In all other respects the motion is DENIED.
That the defendant's motion [110] to strike the plaintiffs' claims for emotional distress will be GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to any evidence that Mrs. Politz's heart condition or "depression" was caused by Nationwide's actions in adjusting the Politzs' claim and as to any evidence that Nationwide's actions caused Mr. Politz's hypertension, diabetes, anxiety, claustrophobia, depression, or his death from osteomyelitis. In all other respects, this motion is DENIED.