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Weinberg v. Nationwide Casualty & Insurance Co.

United States District Court, Third Circuit

June 12, 2013

GARY WEINBERG, et al., Plaintiffs,
v.
NATIONWIDE CASUALTY AND INSURANCE COMPANY Defendant.

ORDER

PETRESE B. TUCKER Chief Judge.

AND NOW, this __ day of June, 2013, upon consideration of Defendant's Motion for Summary Judgment (Doc. 13), and all responses thereto, IT IS HEREBY ORDERED that Defendant's motion is GRANTED IN PART and DENIED IN PART as follows:

1. to the extent Plaintiffs' breach of contract claim includes Defendant's denial of coverage for exterior damages, Defendant's motion is granted;
2. to the extent Plaintiffs' breach of contract claim includes Defendant's denial of coverage for repairs made to the covered interior property, Defendant's motion is denied; and
3. with respect to Plaintiffs' bad faith claim, Defendant's motion is granted.

IT IS FURTHER ORDERED that a teleconference shall be held on Wednesday, June 19, 2013 at 3:00 p.m. to discuss Nationwide's obligation to Plaintiffs for costs incurred for repairs made to the covered interior property. Plaintiffs' counsel shall initiate the teleconference by calling chambers once all parties are on the line.


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