United States District Court, M.D. Pennsylvania
September 18, 2014
STEVEN J., INC., for itself and for the use of DAVID FENTON, Plaintiff.
LANDMARK AMERICAN INSURANCE COMPANY and ENGLE MARTIN AND ASSOCIATES, Defendants.
CHRISTOPHER C. CONNER, Chief District Judge.
AND NOW, this 18th day of September, 2014, upon consideration of the report (Doc. 31) of Chief Magistrate Judge Martin C. Carlson, recommending the court grant the motion (Doc. 24) to dismiss filed by defendant Engle Martin and Associates ("Engle Martin"), wherein Judge Carlson concludes that plaintiff's amended complaint (Doc. 18) fails to state a claim for tortious interference with a contractual relationship against Engle Martin because plaintiff has neither alleged "purposeful action" nor "the absence of privilege or justificatioin" as required by Pennsylvania law, (see Doc. 31 at 7-11), and, following an independent review of the record, the court being in full agreement with the Magistrate Judge that, without more, an insured party cannot bring a claim for tortious interference against an adjuster retained by his insurer solely by virtue of the adjuster's denial of his claim, and noting that plaintiff filed objections (Doc. 12) to the report on August 21, 2014, and that Engle Martin filed a response (Docs. 13-14) to the objections on August 27, 2014, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Carlson's report, it is hereby ORDERED that:
1. The report (Doc. 31) of Chief Magistrate Judge Carlson is ADOPTED.
2. Count II of plaintiff's amended complaint (Doc. 18) is DISMISSED.