GIBSON v. PROGRESSIVE SPECIALTY INSURANCE CO.

Filing 13

ORDER THAT THE MOTION TO DISMISS IS GRANTED IN PART. COUNT II IS LIMITED TO GIBSON'S CLAIM CONCERNING PROGRESSIVE'S USE OF MES SOLUTIONS. ALL OTHER ALLEGATIONS OF STATUTORY BAD FAITH ARE DISMISSED WITH PREJUDICE. COUNT III IS DISMISSED WITH PREJUDICE. SIGNED BY MAGISTRATE JUDGE TIMOTHY R. RICE ON 5/12/2015. 5/14/2015 ENTERED AND COPIES E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS G. GIBSON,

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Plaintiff,
v.
PROGRESSIVE SPECIALTY
INSURANCE COMPANY,
Defendant.

CIVIL ACTION

No. 15-1038

ORDER
AND NOW, on May 12, 2015, upon consideration of Defendant Progressive Specialty
Insurance Company’s Motion to Dismiss (doc. 9) and Plaintiff Thomas G. Gibson’s Response
(doc. 11), and in accordance with my memorandum opinion, it is ORDERED that Progressive’s
Motion is granted in part:
1. Count II is limited to Gibson’s claim concerning Progressive’s use of MES Solutions.
All other allegations of statutory bad faith are dismissed with prejudice.
2. Count III is dismissed with prejudice.
BY THE COURT:

/s/ Timothy R. Rice
TIMOTHY R. RICE
U.S. MAGISTRATE JUDGE