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Hudgins v. Travelers Home and Marine Insurance Co.

United States District Court, Third Circuit

July 31, 2013

JEANETTE HUDGINS, Plaintiff,
v.
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY, Defendant.

ORDER

WILLIAM H. YOHN, Jr., District Judge.

AND NOW, this 31st day of July, 2013, upon consideration of the "Motion for Partial Summary Judgment of All Claims For Bad Faith and Breach of Good Faith and Fair Dealing Stated in Plaintiff's Amended Complaint" filed by defendant Travelers Home and Marine Insurance Company (Doc. # 81), plaintiff's response in opposition, and defendant's reply, it is hereby ORDERED that the instant motion is GRANTED IN PART and DENIED IN PART as follows:

1. The motion for partial summary judgment is GRANTED and judgment is ENTERED in favor of defendant Travelers Home and Marine Insurance Company on plaintiff's bad faith claims as stated in counts III, IV, and V of the amended complaint to the extent that these claims rely on:
a. Travelers's invocation of its entitlement to take Derrick Morgan's EUO.
b. Travelers's deduction for depreciation when reimbursing plaintiff for her loss of personal property.
c. Traveler's litigation conduct in defending against plaintiff's lawsuit initiated on February 5, 2010, in the Court of Common Pleas of Philadelphia County ( Hudgins v. Travelers Home and Marine Ins. Co., February Term, 2010 No.0827).
2. The motion for partial summary judgment is GRANTED and judgment is ENTERED in favor of defendant Travelers Home and Marine Insurance Company on plaintiff's claim for the breach of the duty of good faith and fair dealing as set out in count VI of the amended complaint.
3. The balance of defendant Travelers Home and Marine Insurance Company's motion is DENIED.
4. Trial is scheduled for November 4, 2013, at 10:00 a.m.

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