HUDGINS v. THE TRAVELERS HOME AND MARINE INSURANCE COMPANY

Filing 90

MEMORANDUM AND ORDER THAT THE MOTION FOR PARTIAL SUMMARY JUDGMENT OF ALL CLAIMS FOR BAD FAITH AND BREACH OF GOOD FAITH AND FAIR DEALING STATED IN PLAINTIFF'S AMENDED COMPLAINT (DOC. NO.81) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 7/31/2013. 8/1/2013 ENTERED AND COPIES E-MAILED.(kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JEANETTE HUDGINS,
Plaintiff,
v.
THE TRAVELERS HOME AND MARINE
INSURANCE COMPANY,
Defendant.

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CIVIL ACTION
NO. 11-882

ORDER
AND NOW, this 31st day of July, 2013, upon consideration of the “Motion for Partial
Summary Judgment of All Claims For Bad Faith and Breach of Good Faith and Fair Dealing
Stated in Plaintiff’s Amended Complaint” filed by defendant Travelers Home and Marine
Insurance Company (Doc. # 81), plaintiff’s response in opposition, and defendant’s reply, it is
hereby ORDERED that the instant motion is GRANTED IN PART and DENIED IN PART
as follows:
1.

The motion for partial summary judgment is GRANTED and judgment is
ENTERED in favor of defendant Travelers Home and Marine Insurance
Company on plaintiff’s bad faith claims as stated in counts III, IV, and V of the
amended complaint to the extent that these claims rely on:
a.

Travelers’s invocation of its entitlement to take Derrick Morgan’s EUO.

b.

Travelers’s deduction for depreciation when reimbursing plaintiff for her
loss of personal property.

c.

Traveler’s litigation conduct in defending against plaintiff’s lawsuit

initiated on February 5, 2010, in the Court of Common Pleas of
Philadelphia County (Hudgins v. Travelers Home and Marine Ins. Co.,
February Term, 2010 No.0827).
2.

The motion for partial summary judgment is GRANTED and judgment is
ENTERED in favor of defendant Travelers Home and Marine Insurance
Company on plaintiff’s claim for the breach of the duty of good faith and fair
dealing as set out in count VI of the amended complaint.

3.

The balance of defendant Travelers Home and Marine Insurance Company’s
motion is DENIED.

4.

Trial is scheduled for November 4, 2013, at 10:00 a.m.

/s/ William H. Yohn Jr., Judge
William H. Yohn Jr., Judge