Button et al v. Chubb Lloyds Insurance Company of Texas et al

Filing 78

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 55 Motion for Summary Judgment, filed by Chubb Lloyds Insurance Company of Texas, 72 Report and Recommendations, Order,,. Signed by Judge Richard A. Schell on 2/28/13. (cm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
TERRY BUTTON and OSSIE BUTTON
Plaintiffs,
VS.
CHUBB LLOYDS INSURANCE
COMPANY OF TEXAS
Defendant.

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Case No. 4:11cv536

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On January 31, 2013, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant Chubb Lloyds Insurance Company of Texas’s
Motion for Summary Judgment (Dkt. 55) be GRANTED as to Plaintiffs’ claims of breach of
common law duty of good faith and fair dealing and as to violations of the Texas Deceptive Trade
Practices Act and unfair settlement practices under Article 541.060 of the Texas Insurance Code
and be DENIED as to Plaintiffs’ claims of breach of contract and failure to promptly pay under Article
542.060 of the Texas Insurance Code.
The court has made a de novo review of the objections raised by Defendant and is of the
opinion that the findings and conclusions of the Magistrate Judge are correct and the objections are
without merit as to the ultimate findings of the Magistrate Judge. The court hereby adopts the
findings and conclusions of the Magistrate Judge as the findings and conclusions of this court.

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Therefore, Defendant Chubb Lloyds Insurance Company of Texas’s Motion for Summary
Judgment (Dkt. 55) is GRANTED as to Plaintiffs’ claims of breach of common law duty of good
faith and fair dealing and as to violations of the Texas Deceptive Trade Practices Act and unfair
settlement practices under Article 541.060 of the Texas Insurance Code and be DENIED as to
Plaintiffs’ claims of breach of contract and failure to promptly pay under Article 542.060 of the
Texas Insurance Code.
IT IS SO ORDERED.
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SIGNED this the 28th day of February, 2013.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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