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]

Case: 10-6270

Document: 006111344409

Filed: 06/21/2012

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Leonard Green
Clerk

100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Tel. [phone]
www.ca6.uscourts.gov

Filed: June 21, 2012

Mr. Charles A. Dauphin
Baxley, Dillard, Dauphin & McKnight
2008 Third Avenue, S.
Birmingham, AL 35233
Mr. Thomas W. Davis
135 W. Public Square
Glasgow, KY 42141-0000
Mr. Thomas N. Kerrick
Kerrick Stivers Coyle
P.O. Box 9547
Bowling Green, KY 42102-9547
Re: Case Nos. 10-6270/10-6301, Italo Pedicini v. Life Ins. Co. of Alabama
Originating Case No. : 1:08-CV-62
Dear Counsel,
The court today announced its decision in the above-styled cases.
Enclosed is a copy of the court's opinion together with the judgment which has been entered
in conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Leonard Green, Clerk
Cathryn Lovely
Deputy Clerk
cc: Ms. Vanessa L. Armstrong
Enclosures
Mandate to issue.