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Sakol v. Nationwide Mutual Insurance Co.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


June 21, 2007

PETER J. SAKOL, M.D., PLAINTIFF
v.
NATIONWIDE MUTUAL INSURANCE COMPANY, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 21st day of June, 2007, upon consideration of the report of the magistrate judge (Doc. 23), recommending that defendant's motion for summary judgment (Doc. 16) be granted in part and denied in part, to which objections have been filed (Doc. 24), and, following an independent review of the record, it appearing that there is sufficient evidence of record from which a reasonable jury could conclude that plaintiff suffered an actual loss of gross income as a result of his motor vehicle accident,*fn1 see Persik v. Nationwide Mut. Ins. Co., 554 A.2d 930, 932 (Pa. Super. Ct. 1989) (stating that recovery of loss of income following a motor vehicle accident must be "based upon a real, actual loss of income which would have been earned 'but for' injuries received in the accident"), but that the two-year statute of limitations bars plaintiff's claim of insurance bad faith pursuant to 42 PA. CONS. STAT. ANN. § 8371, see Ash v. Cont'l Ins. Co., 861 A.2d 979, 984 (Pa. Super. Ct. 2004) (stating that a claim of insurance bad faith under 42 PA. CONS. STAT. ANN. § 8371 "is a statutorily-created tort action subject to a two-year statute of limitations"), it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 23) is ADOPTED.

2. Defendant's motion for summary judgment (Doc. 16) is GRANTED with respect to plaintiff's claim of insurance bad faith pursuant to 42 PA. CONS. STAT. ANN. § 8371.

3. Defendant's motion for summary judgment (Doc. 16) is otherwise DENIED.

4. The Clerk of Court is directed to defer the entry of judgment until the conclusion of this case.

CHRISTOPHER C. CONNER United States District Judge


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