Italo Pedicini v. Life Insurance Company of Alab

Filing

OPINION and JUDGMENT filed: The judgment of the district court granting summary judgment to Pedicini on the breach-of-contract claim, denying Pedicini's motion to file a second amended complaint and Pedicini's motion for additional discovery is AFFIRMED. The district court's grant of summary judgment in favor of Life Insurance Company of Alabama on the bad-faith claims is VACATED and the case REMANDED. Decision for publication pursuant to local rule 206. Gilbert S. Merritt and Karen Nelson Moore (AUTHORING), Circuit Judges, and Samuel H. Mays , Jr., U.S. District Judge, for the Western District of Tennessee, sitting by designation. [10-6270, 10-6301]

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Case: 10-6270 Document: 006111344407 Filed: 06/21/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 10-6270/6301 FILED ITALO PEDICINI, Plaintiff - Appellant/Cross-Appellee, Jun 21, 2012 LEONARD GREEN, Clerk v. LIFE INSURANCE COMPANY OF ALABAMA, Defendant - Appellee/Cross-Appellant. Before: MERRITT and MOORE, Circuit Judges, and MAYS, District Judge. JUDGMENT On Appeal from the United States District Court for the Western District of Kentucky at Bowling Green. THIS CAUSE was heard on the record from the district court and was submitted on the briefs without oral argument. IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court granting summary judgment to Pedicini on the breach-of-contract claim, denying Pedicini’s motion to file a second amended complaint and Pedicini’s motion for additional discovery is AFFIRMED. IT IS FURTHER ORDERED that the district court’s grant of summary judgment in favor of Life Insurance Company of Alabama on the bad-faith claims is VACATED and the case is REMANDED for proceedings consistent with this opinion. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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