Langley v. GEICO General Insurance Company

Filing 48

ORDER GRANTING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S CLAIM FOR ATTORNEY'S FEES, granting 34 Motion to Dismiss Plaintiff's Claim for Attorney's Fees. DISMISSED WITH PREJUDICE. Signed by Judge Salvador Mendoza, Jr. (LR, Case Administrator)

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1 2 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 4 5 GEORGE TERRY LANGLEY, Plaintiff, 6 v. 7 8 No. 1:14-CV-3069-SMJ GEICO GENERAL INSURANCE COMPANY, ORDER GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S CLAIM FOR ATTORNEY’S FEES 9 Defendant. 10 11 Before the Court, without oral argument, is Defendant’s Motion to Dismiss 12 Plaintiff’s Claim for Attorney’s Fees. ECF No. 34. Plaintiff’s Complaint, ECF 13 No. 1-2 at & 8.3, includes a claim for attorney’s fees pursuant to Olympic 14 Steamship. 15 permissible when the insurer denied coverage. Here the value of the R.V., and not 16 coverage, is at issue. Accordingly, Plaintiff may not recover fees pursuant to 17 Olympic Steamship. The parties agree that fees under Olympic Steamship are only 18 Accordingly, IT IS HEREBY ORDERED: 19 1. Defendant’s Motion to Dismiss Plaintiff’s Claim for Attorney’s Fees, ECF No. 34, is GRANTED. 20 ORDER - 1 1 2. DISMISSED WITH PREJUDICE. 2 3 4 5 Plaintiff’s claim for attorney fees pursuant to Olympic Steamship is IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and provide copies to all counsel. DATED this 5th day of December 2014. 6 _________________________ SALVADOR MENDOZA, JR. United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Q:\SMJ\Civil\2014\Langley v. Geico-3069\grant.dismiss.fees.lc1.docx ORDER - 2

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