Pavlovic v. Allstate Property and Casualty Insurance Company

Filing 10

ORDER granting 5 Motion to Dismiss Bad Faith Claim; dismissing the bad faith claim; granting 8 Motion to Remand and to Dismiss Bad Faith Claim; and directing the Clerk of the Court to immediately remand this case to the Circuit Court of Lonoke County, Arkansas. Signed by Judge Billy Roy Wilson on 10/05/2016. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ANTHONY E. PAVLOVIC
VS.

PLAINTIFF
4:16-CV-00653-BRW

ALLSTATE PROPERTY AND CASUALTY
INSURANCE COMPANY

DEFENDANT

ORDER
Pending are Defendant’s Motion to Dismiss Bad Faith Claim (Doc. No. 5) and Plaintiff’s
Motion to Remand and to Dismiss Bad Faith Claim (Doc. No. 8).
This case involves Plaintiff’s demand for payment for roof damage pursuant to
Defendant’s insurance policy. Defendant denied the claim. Without alleging specific facts
Plaintiff asserted that Defendant “is guilty of bad faith in conjunction with the nonpayment of
Plaintiff’s claim.”1 Plaintiff agrees that “Defendant’s motion to dismiss [the bad faith claim]
should be granted at some stage of the proceeding.”2 It is also undisputed that, without the bad
faith claim, the amount in dispute if far below the federal jurisdiction threshold of $75,000.
Accordingly, Defendant’s Motion to Dismiss Bad Faith Claim (Doc. No. 5) is
GRANTED and the bad faith claim is DISMISSED. Plaintiff’s Motion to Remand and to
Dismiss Bad Faith Claim (Doc. No. 8) is GRANTED. The Clerk of the Court is directed to
immediately REMAND this case to the Circuit Court of Lonoke County, Arkansas.
IT IS SO ORDERED, this 5th day of October, 2016.

/s/ Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

1

Doc. No. 2.

2

Doc. No. 8.