KVAERNER NORTH AMERICAN CONSTRUCTION INC. v. ALLIANZ GLOBAL RISKS US INSURANCE COMPANY

Filing 64

MEMORANDUM ORDER. IT IS ORDERED that Defendant's Motion for Partial Summary Judgment (Doc. 38 ) is GRANTED and Plaintiff's Motion for Summary Judgment on Choice of Law Applicable to Bad-Faith Claims (Doc. 42 ) is DENIED. IT IS FURTHER O RDERED that Plaintiff is granted leave to amend its Complaint to assert state law claims of bad faith under Pennsylvania law, which the Court notes Plaintiff filed on February 21, 2017 (See Doc. 63 ). The Magistrate Judge's Report and Recommendation dated January 26, 2017 (Doc. 57), hereby is ADOPTED as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 2/27/17. (jwr)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA KVAERNER NORTH AMERICAN CONSTRUCTION INC., Plaintiff, v. ALLIANZ GLOBAL RISKS US INSURANCE COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 15-1460 Judge Cathy Bissoon Magistrate Judge Robert C. Mitchell MEMORANDUM ORDER This case was referred to United States Magistrate Judge Robert C. Mitchell for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Local Rule of Civil Procedure 72. On January 26, 2017, the Magistrate Judge issued a Report (Doc. 57) recommending that Defendant’s Motion for Partial Summary Judgment (Doc. 38) be granted, that Plaintiff’s Motion for Summary Judgment on Choice of Law Applicable to Bad-Faith Claims (Doc. 42) be denied and that Plaintiff be granted leave to amend its Complaint to assert state law claims of bad faith under Pennsylvania law. No objections have been filed. After a review of the pleadings and documents in the case, together with the Report and Recommendation, the following Order is entered: Defendant’s Motion for Partial Summary Judgment (Doc. 38) is GRANTED and Plaintiff’s Motion for Summary Judgment on Choice of Law Applicable to Bad-Faith Claims (Doc. 42) is DENIED. IT IS FURTHER ORDERED that Plaintiff is granted leave to amend its Complaint to assert state law claims of bad faith under Pennsylvania law, which the Court notes Plaintiff filed on February 21, 2017 (See Doc. 63). The Magistrate Judge’s Report and Recommendation dated January 26, 2017 (Doc. 57), hereby is adopted as the Opinion of the District Court. IT IS SO ORDERED. February 27, 2017 s/Cathy Bissoon Cathy Bissoon United States District Judge cc (via ECF email notification): All counsel of record 2

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