SLUPSKI v. NATIONWIDE MUTUAL INSURANCE COMPANY

Filing 52

ORDERED AND DECREED THAT: 1. DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED AS TO THE STATUTORY BAD FAITH CLAIM OF COUNT III IN THE COMPLAINT; 2. SUMMARY JUDGMENT IS DENIED AS TO THE COMMON LAW BAD FAITH CLAIM OF COUNT III, AND; 3. PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT ON STACKING ISSUES IS DENIED AS MOOT, AS IT RELATES TO A COUNT ONLY PRESENT IN THE REJECTED AMENDED COMPLAINT.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/14/2021. 7/14/2021 ENTERED AND COPIES E-MAILED.(sg, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FRANK SLUPSKI, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, : : : : : : : : : CIVIL ACTION NO. 18-3999 Defendant. ORDER AND NOW, this __14th__ day of July 2021, upon consideration of Defendant Nationwide Mutual Insurance Company’s Motion for Summary Judgment (ECF 35), Plaintiff Frank Slupski’s Motion for Partial Summary Judgment (ECF 37), and the opposing responses to both Motions (ECFs 39 and 41), IT IS HEREBY ORDERED AND DECREED that:1 1. Defendant’s Motion for Summary Judgment is GRANTED as to the statutory bad faith claim of Count III in the Complaint; 2. Summary Judgment is DENIED as to the common law bad faith claim of Count III, and; 3. Plaintiff’s Motion for Partial Summary Judgment on stacking issues is DENIED AS MOOT, as it relates to a count only present in the rejected Amended Complaint. BY THE COURT: /s/ Petrese B. Tucker Hon. Petrese B. Tucker, U.S.D.J. 1 This Order accompanies the Court’s Memorandum Opinion dated July 14, 2021

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