AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY v. FELIX
MEMORANDUM OPINION AND ORDER - upon consideration of (1) the Motion for Summary Judgment filed by Felix (ECF No. 45 ) and (2) the Motion for Partial Summary Judgment as to All Claims of Bad Faith filed by American National (ECF No. 50 ), and in acc ordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED as follows: 1. The Court DENIES Felix's Motion for Summary Judgment (ECF No. 45 ). 2. The Court GRANTS American National's Motion for Partial Summary Judgment as to A ll Claims of Bad Faith (ECF No. 50 ). 3. The following claims remain: American National's claim for declaratory judgment (Count I); American National's claim for civil insurance fraud (Count II); and Felix's counter-claim for breach of contract, to the extent it asserts a breach of contract claim rather than a bad faith claim (Count I of Felix's Answer and Counterclaims). 4. American National's Unopposed Motion for Leave to File Excess Pages in Brief in Support of Mot ion for Summary Judgment (ECF No. 43 ) is DENIED AS MOOT. 5. The Court observes that discovery is closed, the deadline for filing dispositive motions has passed, and the Court has already held a Post-Discovery Status Conference in this case (see EC F No. 40 .) Accordingly, the case appears ready for trial. 6. The parties must comply with the Trial Order that follows this Memorandum Opinion, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 4/11/2018. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
AMERICAN NATIONAL PROPERTY
AND CASUALTY COMPANY,
Plaintiff and Third-Party Defendant,
Case No. 3:16-cv-147
JUDGE KIM R. GIBSON
DANIEL J. FELIX,
Defendant and Third-Party Plaintiff.
Pending before the Court are (1) the Motion for Summary Judgment filed by
Defendant/Counterclaim-Plaintiff Daniel Felix on his breach of contract claim and Plaintiff's
Complaint in Declaratory Judgment (ECF No. 45) and (2) the Motion for Partial Summary
Judgment as to All Claims of Bad Faith filed by Plaintiff/Counterclaim-Defendant American
National Property and Casualty Company ("American National") (ECF No. 50). The Motions are
fully briefed (see ECF Nos. 46, 47, 52, 53, 56, 57, 58, 59, 68, 71) and are ripe for disposition.
For the reasons that follow, the Court will DENY Felix's Motion for Summary Judgment
and will GRANT American National's Motion for Summary Judgment as to All Claims of Bad
The Court has subject matter jurisdiction under 28 U.S.C. § 1332 because the parties are
completely diverse and the amount in controversy exceeds $75,000. Venue is proper under 28
U.S.C. § 1391(b) because a substantial portion of the events giving rise to the claims occurred in
the Western District of Pennsylvania.
Factual and Procedural History
This case arises from American National's denial of Felix's claim under his American
National homeowner' s insurance policy ("Policy") after a fire ravaged his home. The following
facts are undisputed unless otherwise noted.
The Fire and American National's Ensuing Investigation
A fire destroyed Felix's house on January 23, 2016. (ECF No. 47 at
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