Manuel v. MDOW Insurance Company
Filing
12
ORDER granting 5 Motion to Dismiss the bad-faith claim without prejudice. Signed by Judge D. P. Marshall Jr. on 4/27/12. (kpr)
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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
PLAINTIFF
KIRK MANUEL
v.
No.2:12-cv-35-DPM
MDOWINSURANCECOMPANY
DEFENDANT
ORDER
The Court appreciates the brevity of the parties' papers on MDOW's
motion to dismiss. MDOW is correct: Manuel's general and conclusory
allegations about bad faith in the coverage deniat Document No.2-I, at 1-2,
are too thin to support a bad-faith claim under Arkansas law. Aetna Casualty
and Surety Co. v. Broadway Arms Corp., 281 Ark. 128, 133-34, 664 S.W.2d 463,
465 (1984). If discovery reveals facts tending to show that MDOW acted
dishonestly, maliciously, oppressively, or vengefully in investigating
Manuel's claim or denying coverage, ibid., then Manuel should propose an
amended pleading alleging those specific facts. Motion, Document No.5,
granted. The bad-faith claim is dismissed without prejudice.
So Ordered.
D.P. Marshall Jr.
United States District Judge
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