ROMERO et al v. ALLSTATE

Filing 40

OPINION/ORDER THAT THE MOTION TO DISMISS (DOC. NO. 3) IS GRANTED, AND THE MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. NO. 28) IS GRANTED. DEFENDANT SHALL PAY INTO COURT THE $50,000 POLICY-LIMIT INSURANCE PROCEEDS AS PREVIOUSLY TENDERED TO PLAINT IFFS. THE CLERK SHALL PLACE THOSE FUNDS IN AN INTEREST-BEARING ACCOUNT. PLAINTIFFS MAY THEREAFTER CLAIM THOSE FUNDS OR SEEK PROPORTIONAL DISTRIBUTION BY THE COURT. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 3/7/17. 3/7/17 ENTERED AND COPIES E-MAILED.(ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CINDY L. ROMERO and CARLOS R.
SANCHEZ,
Plaintiffs,
CIVIL ACTION
NO. 16-4037

v.
ALLSTATE,
D/B/A AND/OR A/K/A ALLSTATE
INSURANCE CO., D/B/A AND/OR A/K/A
ALLSTATE FIRE AND CASUALTY
INSURANCE CO., D/B/A OR A/K/A
ALLSTATE INSURANCE HOLDINGS, LLC,
D/B/A AND/OR A/K/A ALLSTATE
PROPERTY AND CASUALTY INSURANCE
CO.,
Defendant.
ORDER

AND NOW, this 7th day of March, 2017, upon consideration of Defendant’s
Motion to Dismiss (Doc. #3) and Motion for Judgment on the Pleadings (Doc. #28), and
all supporting and opposing papers, and for the reasons set forth in the accompanying
memorandum opinion, it is hereby ORDERED as follows:

1. The Motion to Dismiss is GRANTED, and Count Three is DISMISSED
WITH PREJUDICE.
2. The Motion for Judgment on the Pleadings is GRANTED, and Counts
One and Four are also DISMISSED WITH PREJUDICE.
3. Defendant shall pay into court the $50,000 policy-limit insurance proceeds
as previously tendered to Plaintiffs. The Clerk shall place those funds in

an interest-bearing account. Plaintiffs may thereafter claim those funds or
seek proportional distribution by the Court.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

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