ROPPA v. GEICO INDEMNITY COMPANY

Filing 15

MEMORANDUM ORDER indicating that, for reasons stated within, that the Motion to Dismiss Count II of the Complaint filed by Defendant GEICO Indemnity Company 4 is granted in part and denied in part. Said Motion is granted with respect to those alle gations of bad faith conduct which are preempted by § 1797 of the MVFRL, enumerated at 48(a)-(d) and 48(f) - (i) of the Complaint, and Plaintiffs statutory bad faith claim is dismissed with prejudice to the extent it is predicated upon the alleg ations enumerated in 48(a) - (d) and 48(f) (i) of the Complaint. Said Motion is denied to the extent Plaintiff's statutory bad faith claim is predicated upon allegations of GEICO's abuse of the PRO process as set forth in 48(e) and 48(j) of the Complaint; that the Report and Recommendation 14 of Chief Magistrate Judge Lenihan, dated 12/29/10, is adopted as the opinion of the Court. Signed by Judge Nora Barry Fischer on 1/19/11. (jg)