WATSON et al v. NATIONWIDE MUTUAL INSURANCE COMPANY
Filing
9
ORDER THAT DEFENDANT'S MOTION TO DISMISS AS TO PLAINTIFF'S BAD FAITH CLAIM IN COUNT JJ OF THE COMPLAINT IS DENIED. TO THE EXTENT THAT PLAINTIFF CLAIMS PUNITIVE DAMAGES IN COUNT I OF THE COMPLAINT THAT CLAIM IS DISMISSED. PLAINTIFFS CLAIM FO R EMOTIONAL DISTRESS DAMAGES IN COUNT II OF THE COMPLAINT ISDISMISSED. THE BAD FAITH CLAIM IN COUNT II OF PLAINTIFF'S COMPLAINT BASED UPON THE PENNSYLVANIA UNFAIR INSURANCE PRACTICES ACT IS DISMISSED. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 10/12/11. 10/13/11 ENTERED AND COPIES E-MAILED.(mas, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CALVIN WATSON ET AL.
CIVIL ACTION
v.
NO. 11-1762
NATIONWIDE MUTUAL INSURANCE
COMPANY
~
AND NOW, this
/.::2
ORDER
day of
~,
, 2011, upon consideration of
Defendant's Motion to Dismiss Pursuant to Rule 12(b)(6) and Strike Pursuant to Rule 12(1) (ECF
No.3), and all documents submitted in support thereof and in opposition thereto, it is
ORDERED as follows:
1.
Defendant's Motion to Dismiss as to Plaintiff's bad faith claim in Count JJ of the
Complaint is DENIED.
2.
To the extent that Plaintiff claims punitive damages in Count I of the Complaint
that claim is DISMISSED.
3.
Plaintiffs claim for emotional distress damages in Count II of the Complaint is
DISMISSED.
4.
The bad faith claim in Count II of Plaintiff's Complaint based upon the
Pennsylvania Unfair Insurance Practices Act is DISMISSED.
IT IS SO ORDERED.
BY THE COURT:
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