Freibert v. Allstate Indemnity Company

Filing 14

ORDER by Judge John G. Heyburn, II on 6/7/12 sustaining Allstate's 8 Motion to Bifurcate and Plaintiffs contractual claims are bifurcated from its extra-contractual claims; and discovery on the extra-contractual claims is held in abeyance until further order of the Court. cc:counsel (DAK)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:12-CV-200-H

LARRY FREIBERT

PLAINTIFF

V.
ALLSTATE INDEMNITY COMPANY

DEFENDANT

MEMORANDUM OPINION AND ORDER
Defendant, Allstate Indemnity Company (“Allstate”), has moved to bifurcate the
underlying contractual claims asserted in this case from the “extra-contractual claims” asserted
with respect to the applicable underinsured motorists coverage.
It appears that trial of the underlying contractual claim would be a relatively
straightforward matter and will go a long way toward determining whether or not Allstate has
any potential liability on the extra-contractual claims. Moreover, there is some potential that
discovery on the extra-contractual claims could raise potential conflicts with respect to Allstate’s
defense of the underlying contractual claim.
All things considered, the Court concludes that the contractual claims and the bad faith
claim should be bifurcated and Plaintiff will not be unduly prejudiced by holding in abeyance
discovery on the bad faith claims until completion of the contractual issues.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that Allstate’s motion to bifurcate is SUSTAINED and
Plaintiff’s contractual claims are bifurcated from its extra-contractual claims; and discovery on
the extra-contractual claims is held in abeyance until further order of the Court.

June 7, 2012

cc:

Counsel of Record