ROMERO, et al v. ALLSTATE INSURANCE, et al

Filing 830

ORDER THAT ROMERO PLAINTIFFS MOTION FOR RECONSIDERATION OF THE 11/12/15 ORDER OR ALTERNATIVELY FOR CERTIFICATION OF ORDER FOR IMMEDIATE APPEAL ARE GRANTED; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/17/16. 3/17/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GENE R. ROMERO, et al.,
Plaintiffs,
v.

ALLSTATE INSURANCE COMPANY,
et al.,
Defendants.

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CIVIL ACTION
NO. 01-3894
CONSOLIDATED WITH
NO. 01-6764

ORDER
AND NOW, this 17th day of March, 2016, upon consideration of the Romero Plaintiffs’
Motion for Reconsideration of the November 12, 2015 Order or, Alternatively, for Certification of
Order for Immediate Appeal (Docket No. 789), the McLaughlin and Harris Plaintiffs’ Motion for
Reconsideration of the November 12, 2015 Order or, Alternatively, for Certification of Order for
Immediate Appeal (Docket No. 791); the Consolidated Response of Defendants Allstate Insurance
Company, et al. (Docket No. 797), and Plaintiffs’ Reply Briefs (Docket Nos. 805 and 806), it is
hereby ORDERED that both Motions are GRANTED as follows:
1.

The Court’s dismissal of Plaintiffs’ state law claims of breach of contract and breach
of fiduciary duty on the basis of the tender-back/ratification doctrines is reversed, and
those claims shall be reinstated.

2.

The remaining grounds raised by Allstate in its Motion to Dismiss, but not previously
addressed by the Court (Docket No. 656) are DENIED.

It is so ORDERED.
BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT

J.