Kennedy et al v. Allstate Property and Casualty Insurance Company

Filing 13

ORDER granting 12 Motion to Dismiss plaintiffs' claim for bad faith. The other claims remain. Signed by Judge Billy Roy Wilson on 8/3/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MICHAEL KENNEDY, et al.
v.

PLAINTIFFS
4:11-CV-00897-BRW

ALLSTATE PROPERTY AND CASUALTY
INSURANCE COMPANY

DEFENDANT

ORDER
Pending is the parties’ Joint Motion to Dismiss Plaintiff’s Claim for Bad Faith (Doc.
No. 12). Plaintiffs’ original Complaint included a claim for bad faith and punitive damages.
Plaintiffs have now recognized that there are not facts to support that claim, and ask that their
claim for bad faith and punitive damages be dismissed without prejudice. Defendant joins in the
request. The Motion is GRANTED. Plaintiffs’ claim for bad faith and punitive damages is
dismissed without prejudice; Plaintiffs’ claims for breach of contract, 12 % penalty, pre- and
post-judgment interest, and attorney’s fees remain.
IT IS SO ORDERED this 3rd day of August, 2012.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE