Maxwell v. Allied Property And Casualty Insurance Company

Filing 49

ORDER Granting 26 Defendant Nationwides Motion for Summary Judgment on Plaintiffs Claims for Bad Faith, Breach of Nevada Unfair Insurance Claims Practices Act, and Punitive Damages. Signed by Judge Philip M. Pro on 1/2/13. (Copies have been distributed pursuant to the NEF - EDS)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7
8
9
10
11
12
13
14

***
)
TONI MAXWELL,
)
)
Plaintiff,
)
)
vs.
)
)
ALLIED PROPERTY AND
)
CASUALTY INSURANCE
)
COMPANY, an Iowa Corporation, dba )
ALLIED INSURANCE, a Nationwide )
Company; NATIONWIDE MUTUAL )
INSURANCE COMPANY, an Iowa
)
Corporation, dba Nationwide Insurance. )
)
Defendants.
)
)

2:11-CV-01861-PMP-VCF
ORDER

15
16

Having considered the arguments advanced on Defendants’ fully briefed

17

Motion for Summary Judgment on Plaintiff’s Claims for “Bad Faith”, Breach of

18

Nevada Unfair Insurance Claims Practices Act, and Punitive Damages (Doc. #26),

19

the Court finds Defendants’ Motion must be granted.

20

Specifically, the Court finds that the dispute between the Parties

21

concerning the value of Plaintiff’s claim for additional insurance benefits against

22

Defendant Nationwide can be fully satisfied under Plaintiff’s breach of contract

23

cause of action. The record, however, does not support Plaintiff’s claim for bad

24

faith, breach of Nevada’s Unfair Insurance Claim Practices Act, or punitive

25

damages. No genuine issue of material fact is demonstrated by Plaintiff concerning

26

these claims, and the Court finds that Defendant Nationwide is entitled to judgment

1

as a matter of law as to each of them for the reasons set forth in Defendant’s Motion.

2

Accordingly, Defendant Nationwide is entitled to judgment as a matter of law as to

3

each of those claims in accord with Rule 56(c) of the Federal Rules of Civil

4

Procedure.

5

IT IS THEREFORE ORDERED that Defendant Nationwide’s Motion

6

for Summary Judgment on Plaintiff’s Claims for “Bad Faith”, Breach of Nevada

7

Unfair Insurance Claims Practices Act, and Punitive Damages (Doc. #26) is

8

GRANTED.

9

DATED: January 2, 2013.

10
11
12
13

PHILIP M. PRO
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
2