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Nbl Flooring, Inc., On Behalf of Itself and All Others Similarly Situated v. Trumball Insurance Co.

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


August 1, 2012

NBL FLOORING, INC., ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
TRUMBALL INSURANCE CO., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER AND NOW, this 1st day of August 2012, upon review of Defendants' Motion for Judgment on the Pleadings [Doc. No. 31], Plaintiff's Response in Opposition [Doc. No. 34], and Defendants' Reply [Doc. No. 38], and for the reasons set forth in the attached Memorandum Opinion, it is hereby ORDERED that:

1. Defendants' Motion is DENIED as to the breach of contract claims against Defendant Hartford Financial Services Group, Inc. (Count I).

2. Defendants' Motion is GRANTED as to Plaintiff's fraud claims (Count II). Plaintiff's fraud claims against both Defendants are dismissed without prejudice.

3. Defendants' Motion is DENIED as to Plaintiff's unjust enrichment claims (Count III). At this point in the litigation, Plaintiff may maintain its unjust enrichment claims, pled in the alternative to its breach of contract claims, against both Defendants.

It is so ORDERED.

BY THE COURT:

Cynthia M. Rufe

20120801

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