Mankel v. Government Employees Insurance Company

Filing 46

ORDER that defendant's motion for summary judgmentECF No. 27 is hereby DENIED. Signed by Judge Howard D. McKibben on 10/12/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 DENNIS MANKEL, ) ) Plaintiff, ) ) vs. ) ) GOVERNMENT EMPLOYEES INSURANCE ) COMPANY, ) ) Defendant. ) _________________________________ ) 3:16-cv-00657-HDM-VPC ORDER Before the court is the defendant’s motion for partial summary 18 judgment (ECF No. 27). 19 defendant has replied (ECF No. 42). 20 Plaintiff has opposed (ECF No. 37), and Plaintiff filed his complaint in this action in state court on 21 June 27, 2016, asserting breach of contract and bad faith claims 22 against his insurer, defendant, for its handling of an underinsured 23 motorists claim. 24 removed to this court on November 14, 2016, and now moves for 25 summary judgment on the bad faith and punitive damages claims. 26 Plaintiff also seeks punitive damages. Defendant After reviewing the pleadings and evidence in this matter, the 27 court concludes that genuine issues of material fact exist as to 28 whether defendant reasonably handled plaintiff’s claim such that 1 1 summary judgment on the bad faith and punitive damages claim would 2 be improper. 3 (ECF No. 27) is hereby DENIED. Accordingly, defendant’s motion for summary judgment 4 IT IS SO ORDERED. 5 DATED: This 12th day of October, 2017. 6 7 ____________________________ UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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