Meyers et al v. Protective Insurance Company

Filing 17

ORDER granting in part and denying in part 3 Motion to Dismiss. ORDERED that: All references to a fiduciary duty are to be stricken from the Complaint. Plaintiffs' bad faith claims are DISMISSED without prejudice. Plaintiffs will be permitted to proceed on loss of consortium claim. Plaintiffs have 21 days to file an Amended Complaint. See Order for additional details. Signed by Honorable A. Richard Caputo on 1/27'/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
THOMAS AND COLLEEN MEYERS,
Plaintiffs,
v.

CIVIL ACTION NO. 3:16-CV-01821
(JUDGE CAPUTO)

PROTECTIVE INSURANCE
COMPANY
Defendant.

(1)

(2)

ORDER
NOW, this 27th day of January, 2017, IT IS HEREBY ORDERED that:
Defendant’s Motion to Dismiss (Doc. 3) is GRANTED in part and DENIED in part:
(a)
All references to a fiduciary duty are to be stricken from the Complaint;
(b)
Plaintiffs' bad faith claims are DISMISSED without prejudice; and
(c)
Plaintiffs will be permitted to proceed on their loss of consortium claim.
Plaintiffs have twenty-one (21) days from the date of entry of this Order to file an
Amended Complaint to properly plead their bad faith claims, and to remove all
references to a fiduciary duty from the Complaint; otherwise, the bad faith claims
will be dismissed with prejudice.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge