TONER v. GEICO INSURANCE COMPANY, No. 2:2017cv00458 - Document 7 (E.D. Pa. 2017)

Court Description: OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. 3 ), IS GRANTED IN PART AND DENIED IN PART. DEFENDANT IS ORDERED TO FILE AN ANSWER TO PLAINTIFF'S REMAINING CLAIM WITHIN FOURTEEN (14) DAYS OF THE ENTRY OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/6/2017. 7/6/2017 ENTERED AND COPIES E-MAILED.(amas)

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TONER v. GEICO INSURANCE COMPANY Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ROBERT W. TONER, Plaintiff, CIVIL ACTION NO. 17-0458 v. GEICO INSURANCE COMPANY, Defendant. ORDER AND NOW, this 6th day of July 2017, upon consideration of the Complaint (Doc. No. 1, Ex. A), Defendant’s Motion to Dismiss the Complaint (Doc. No. 3), and Plaintiff’s Response in Opposition to the Motion to Dismiss (Doc. No. 5), and in accordance with the Opinion of the Court issued this day, it is ORDERED that the Motion to Dismiss (Doc. No. 3) is GRANTED IN PART and DENIED IN PART as follows: 1. Defendants’ Motion to Dismiss is DENIED with respect to Plaintiff’s breach of contract claim (Count I). 2. Defendant’s Motion to Dismiss is GRANTED with respect to Plaintiff’s bad faith claim (Count II). 3. Defendant is ORDERED to file an Answer to Plaintiff’s remaining claim within fourteen (14) days of the entry of this Order. BY THE COURT: / s / J oel H. S l o m s k y JOEL H. SLOMSKY, J. Dockets.Justia.com

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