Superior Fuels, Inc. v. Nationwide Agribusiness Insurance Company

Filing 35

ORDER. The Court GRANTS Defendant's Motion to Dismiss (Doc. 27) and DISMISSES without prejudice Plaintiff's request for entry of an order that Defendant be ordered to pay penalties pursuant to 215 ILCS 5/155. Signed by Judge Staci M. Yandle on 5/7/15. (ajr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SUPERIOR FUELS, INC.,
Plaintiff,
vs.

Case No. 14-cv-1420-SMY-PMF

NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on Defendant’s Motion to Dismiss (Doc. 27). In its
Amended Complaint for Declaratory Judgment (Doc. 20) Plaintiff asks the Court to “enter an
order specifically finding that [Defendant]’s refusal to defend and indemnify was vexatious,
unreasonable and reflected improper claim practices as defined in section 5/154.6 and 5/155 of
the Illinois Insurance Code” (Doc. 20, p. 6). Defendant moves to dismiss Plaintiff’s claim of bad
faith under 215 ILCS 5/155 pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to
state a claim. Specifically, Defendant argues Plaintiff failed to plead sufficient facts to support
its bad faith allegations. Plaintiff failed to timely respond to Defendant’s Motion to Dismiss.
Pursuant to Local Rule 7.1(c), the Court construes Plaintiff’s failure to timely respond as an
admission of the merits of the motion. Accordingly, the Court GRANTS Defendant’s Motion to
Dismiss (Doc. 27) and DISMISSES without prejudice Plaintiff’s request for entry of an order
that Defendant be ordered to pay penalties pursuant to 215 ILCS 5/155.
IT IS SO ORDERED.
DATED: May 7, 2015
s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE