WEINBERG et al v. NATIONWIDE INSURANCE COMPANY et al

Filing 27

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 13 IS GRANTED IN PART AND DENIED IN PART, ETC. IT IS FURTHER ORDERED THAT A TELECONFERENCE SHALL BE HELD ON WEDNESDAY, JUNE 19, 2013 AT 3:00 PM TO DISCUSS NATIONWIDE'S OBLIGATION TO PLAINTIFFS FOR COSTS INCURRED FOR REPAIRS MADE TO THE COVERED INTERIOR PROPERTY. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 6/10/13. 6/12/13 ENTERED & E-MAILED. COPIES MAILED TO PRO SE PLAINTIFFS. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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GARY WEINBERG, et al.,
Plaintiffs,
v.
NATIONWIDE CASUALTY AND
INSURANCE COMPANY

CIVIL ACTION
NO. 11-5680

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Defendant.

ORDER
AND NOW, this ___ day of June, 2013, upon consideration of Defendant’s Motion for
Summary Judgment (Doc. 13), and all responses thereto, IT IS HEREBY ORDERED that
Defendant’s motion is GRANTED IN PART and DENIED IN PART as follows:
1.

to the extent Plaintiffs’ breach of contract claim includes Defendant’s denial of
coverage for exterior damages, Defendant’s motion is granted;

2.

to the extent Plaintiffs’ breach of contract claim includes Defendant’s denial of
coverage for repairs made to the covered interior property, Defendant’s motion is
denied; and

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with respect to Plaintiffs’ bad faith claim, Defendant’s motion is granted.

IT IS FURTHER ORDERED that a teleconference shall be held on Wednesday, June 19,
2013 at 3:00 p.m. to discuss Nationwide’s obligation to Plaintiffs for costs incurred for repairs made
to the covered interior property. Plaintiffs’ counsel shall initiate the teleconference by calling

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chambers once all parties are on the line.

BY THE COURT:
/s/ Petrese B. Tucker
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Hon. Petrese B. Tucker, C.J.

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