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)

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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

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