Politz et al v. Nationwide Mutual Fire Insurance Company et al

Filing 253

ORDER GRANTING IN PART AND DENYING IN PART THE DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT AND TO STRIKE PLAINTIFFS' CLAIMS FOR EMOTIONAL DISTRESS granting in part and denying in part 110 Motion to Strike; granting in part and denying in par t 158 Motion for Summary Judgment. Motion 110 is GRANTED as to any evidence that Mrs. Politz's heart condition or "depression" was caused by Nationwide's actions in adjusting the Politzs' claim and as to any evidence tha t Nationwide's actions caused Mr. Politz's hypertension, diabetes, anxiety, claustrophobia, depression, or his death from osteomyelitis. In all other respects, this motion is DENIED. motion 158 for summary judgment is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to the coverage for "other structures." In all other respects the motion is DENIED. Signed by Senior Judge L. T. Senter, Jr, on 03/27/2009 (kbo)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION JOHN POLITZ and HELEN POLITZ V. PLAINTIFFS CIVIL ACTION NO.1:08CV18 LTS-RHW

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY,, U.S. SMALL BUSINESS ADMINISTRATION, ET AL.

DEFENDANTS

ORDER GRANTING IN PART AND DENYING IN PART THE DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT AND TO STRIKE PLAINTIFFS' CLAIMS FOR EMOTIONAL DISTRESS In accordance with the Memorandum Opinion I have this day entered, it is ORDERED That the defendant's motion [158] for summary judgment is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to the coverage for "other structures." In all other respects the motion is DENIED. That the defendant's motion [110] to strike the plaintiffs' claims for emotional distress will be GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to any evidence that Mrs. Politz's heart condition or "depression" was caused by Nationwide's actions in adjusting the Politzs' claim and as to any evidence that Nationwide's actions caused Mr. Politz's hypertension, diabetes, anxiety, claustrophobia, depression, or his death from osteomyelitis. In all other respects, this motion is DENIED.

s/ L. T. Senter, Jr. L. T. SENTER, JR. SENIOR JUDGE