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 -2­

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