McClure v. Travelers Casualty Insurance Company of America (JRG2)

Filing 22

MEMORANDUM OPINION AND ORDER: In light of Mr. McClure's concession, Travelers' motion for partial summary judgment as to Mr. McClure's bad faith claim is GRANTED. Mr. McClures bad faith claim against Travelers is DISMISSED WITH PREJUDICE. Signed by District Judge J Ronnie Greer on 03/22/2018. (AMP)

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE

DOUG MCCLURE,
Plaintiff,
v.
TRAVELERS CASUALTY INSURANCE,
COMPANY OF AMERICA,
Defendant.

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No. 2:16-CV-368

MEMORANDUM OPINION AND ORDER
This matter is before the Court to address a motion for partial summary judgment filed by
defendant Travelers Casualty Insurance Company of America, (“Travelers”), on February 6, 2018.
[Doc. 18]. Travelers contemporaneously filed its memorandum in support, [Doc. 19], and
statement of material facts, [Doc. 20]. Travelers argues that the plaintiff’s bad faith claim must be
dismissed “for the following two reasons: (1) Tennessee law does not recognize a common law
bad faith claim against an insurer; and (2) Plaintiff cannot establish the essential elements
necessary to prevail on a statutory bad faith claim under Tennessee Code Annotated § 56-7-105[.]”
[Doc. 19 at 3].
Plaintiff Doug McClure responded on February 22, 2018, conceding that the defendant’s
motion should be granted. [Doc. 21]. Mr. McClure “agrees Tennessee law does not recognize a
common law claim for bad faith against an insurer,” and “admits that he did not send a written
demand to the Defendant informing the Defendant that if his claim was not paid within sixty (60)

days he intended to assert a bad faith claim against the Defendant as is required by T.C.A. § 56-7105.” [Doc. 21].
In light of Mr. McClure’s concession, Travelers’ motion for partial summary judgment as
to Mr. McClure’s bad faith claim is GRANTED. Mr. McClure’s bad faith claim against Travelers
is DISMISSED WITH PREJUDICE.
So ordered.
ENTER:

s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE

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