KELLY et al v. PROGRESSIVE ADVANCED INSURANCE COMPANY

Filing 22

ORDER THAT THE MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12 (b)(6) IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/4/16. 2/4/16 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEFFREY KELLY and
AMIEE KELLY
vs.
PROGRESSIVE ADVANCED
INSURANCE COMPANY

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CIVIL ACTION

NO. 15-4457

ORDER
AND NOW, this 4th day of February, 2016, upon consideration of the Motion to
Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Document No. 8), the
plaintiffs’ response and the defendant’s reply, it is ORDERED that the motion is GRANTED
IN PART and DENIED IN PART.
IT IS FURTHER ORDERED as follows:
1.

To the extent the motion seeks to dismiss the claim for violation of the

Pennsylvania Unfair Trade Practices and Consumer Protection Law, it is GRANTED.
2.

The claim for violation of the Pennsylvania Unfair Trade Practices and

Consumer Protection Law is DISMISSED.
3.

In all other respects, the motion is DENIED.

/s/Timothy J. Savage
TIMOTHY J. SAVAGE, J.