104-106 1ST PLACE CORPORATION v. HARLEYSVILE WORCESTER INSURANCE COMPANY

Filing 41

MEMORANDUM ORDER THAT PLAINTIFFS MOTION FOR LEAVE TO AMEND TO REASSERT A STATUTORY BAD FAITH CLAIM AND AMEND FIRST AMENDED COMPLAINT (ECF NO. 35), IS DENIED. PLAINTIFFS BAD FAITH CLAIM PURSUANT TO 42 PA. STAT. AND CONS. STAT. ANN. § 8371, WHICH WAS PREVIOUSLY DISMISSED WITHOUT PREJUDICE (SEE 8/2/2023 ORDER, ECF NO. 15), IS DISMISSED WITH PREJUDICE.SIGNED BY DISTRICT JUDGE R. BARCLAY SURRICK ON 5/8/24. 5/9/24 ENTERED AND COPIES MAILED TO COUNSEL; E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
104-106 1st PLACE CORPORATION

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v.
HARLEYSVILLE WORCESTER
INSURANCE COMPANY

CIVIL ACTION
NO. 22-4968

ORDER
AND NOW, this 8th day of May, 2024, upon consideration of Plaintiff’s Motion for
Leave to Amend to Reassert a Statutory Bad Faith Claim and Amend First Amended Complaint
(ECF No. 35), and all documents submitted in support thereof and in opposition thereto, it is
ORDERED that Plaintiff’s Motion is DENIED.
IT IS FURTHER ORDERED that Plaintiff’s bad faith claim pursuant to 42 Pa. Stat.
and Cons. Stat. Ann. § 8371, which was previously dismissed without prejudice (See 8/2/2023
Order, ECF No. 15), is DISMISSED with prejudice.
IT IS SO ORDERED.
BY THE COURT:
/s/ R. Barclay Surrick
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R. BARCLAY SURRICK, J.