CURRIE et al v. STATE FARM FIRE AND CASUALTY COMPANY

Filing 18

ORDER THAT THE MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE ROBERT F. KELLY ON 8/19/2014. 8/19/2014 ENTERED AND COPIES E-MAILED.(kp, )

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

ROBERT CURRIE and
KATHLEEN CURRIE,

Plaintiffs,

v.
STATE FARM FIRE AND CASUALTY
COMPANY,

Defendant.

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CIVIL ACTION

No. 13-6713

ORDER
AND NOW, this 19th day of August, 2014, upon consideration of Defendant, State
Farm Fire and Casualty Company’s (“State Farm”), Motion for Partial Summary Judgment (Doc.
No. 11), Plaintiffs, Robert Currie and Kathleen Currie’s (“Plaintiffs”), Response, State Farm’s
Reply, and Plaintiffs’ Sur-Reply, it is hereby ORDERED that said Motion is GRANTED in part
and DENIED in part as follows:
1. Summary Judgment is DENIED as to the Breach of Contract claim (Count I);
2. Summary Judgment is DENIED as to the Bad Faith claim (Count II), specifically with
regard to the issue of whether State Farm’s refusal to go to appraisal constitutes bad
faith; and
3. Summary Judgment is GRANTED specifically on the issue of whether State Farm’s

dealings with Kanga Roofing constitutes bad faith.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

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