TONER v. GEICO INSURANCE COMPANY

Filing 7

OPINION ORDER THAT DEFENDANT'S MOTION TO DISMISS (DOC. NO. 3 ), IS GRANTED IN PART AND DENIED IN PART. DEFENDANT IS ORDERED TO FILE AN ANSWER TO PLAINTIFF'S REMAINING CLAIM WITHIN FOURTEEN (14) DAYS OF THE ENTRY OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/6/2017. 7/6/2017 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROBERT W. TONER,
Plaintiff,

CIVIL ACTION
NO. 17-0458

v.
GEICO INSURANCE COMPANY,
Defendant.
ORDER

AND NOW, this 6th day of July 2017, upon consideration of the Complaint (Doc. No. 1,
Ex. A), Defendant’s Motion to Dismiss the Complaint (Doc. No. 3), and Plaintiff’s Response in
Opposition to the Motion to Dismiss (Doc. No. 5), and in accordance with the Opinion of the
Court issued this day, it is ORDERED that the Motion to Dismiss (Doc. No. 3) is GRANTED
IN PART and DENIED IN PART as follows:
1.

Defendants’ Motion to Dismiss is DENIED with respect to Plaintiff’s breach of
contract claim (Count I).

2.

Defendant’s Motion to Dismiss is GRANTED with respect to Plaintiff’s bad faith
claim (Count II).

3.

Defendant is ORDERED to file an Answer to Plaintiff’s remaining claim within
fourteen (14) days of the entry of this Order.

BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.