TABOR et al v. ALLSTATE INSURANCE COMPANY et al

Filing 22

ORDER THAT DEFENDANTS ALLSTATES AND LIDDYS 14 15 MOTIONS TO DISMISS ARE GRANTED WITH RESPECT TO COUNT II (BREACH OF R830 CONTRACT), COUNT III (BREACH OF R1500 CONTRACT); AND COUNT VI (BREACH OF FIDUCIARY DUTY). THESE CLAIMS ARE DISMISSED WITH PREJUDICE. IN ALL OTHER RESPECTS, DEFENDANTS ALLSTATES AND LIDDYS MOTIONS TO DISMISS ARE DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/1/15. 12/2/15 ENTERED AND COPIES E-MAILED.(va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RODNEY TABOR, et al.,
Plaintiffs,
v.

ALLSTATE INSURANCE COMPANY,
et al.,
Defendants.

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CIVIL ACTION
NO. 15-2602

ORDER
AND NOW, this 1st day of December, 2015, upon consideration of the Motion by
Defendants Allstate Insurance Company, the Allstate Corporation, Agents Pension Plan, and the
Administrative Committee (collectively, “Allstate”) to Dismiss for Failure to State a Claim (Docket
No. 14), the Motion of Defendant Edward M. Liddy to Dismiss for Failure to State a Claim (Docket
No. 15), Plaintiffs’ Response in Opposition (Docket No. 18), Allstate’s Reply Brief (Docket No.
19), and Liddy’s Reply Brief (Docket No. 20), it is HEREBY ORDERED as follows:
1.

Defendants Allstate’s and Liddy’s Motions to Dismiss are GRANTED with respect
to Count II (breach of R830 contract), Count III (breach of R1500 contract); and
Count VI (breach of fiduciary duty). These claims are DISMISSED WITH
PREJUDICE.

2.

In all other respects, Defendants Allstate’s and Liddy’s Motions to Dismiss are
DENIED.

It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.