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14-1629 - Harless et al v. Cincinnati Insurance Company


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14-1629 - Harless et al v. Cincinnati Insurance Company
November 5, 2015
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REPORT AND RECOMMENDATION that the defendant's motion for partial summary judgment be GRANTED and plaintiffs' claims of bath faith and negligent, reckless and/or wanton claims be dismissed with prejudice; Objections to R&R due 14 days from the date of entry as more fully set out threin. Signed by Magistrate Judge Harwell G Davis, III on 11/5/2015. (AHI)
March 21, 2016
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MEMORANDUM OPINION AND PARTIAL DISMISSAL ORDER - The Court has reviewed the record and Judge Daviss November 5, 2015 report and recommendation. Applying the clearly erroneous standard, the Court ADOPTS the November 5, 2015 report and ACCEPTS Judge Daviss recommendation that the Court enter judgment as a matter of law on the plaintiffs claims for bad faith (Count II) and negligent, reckless and/or wanton claims handling (Count III). The Court DISMISSES WITH PREJUDICE the plaintiffs claims for bad faith (Count II) and negligent, reckless and/or wanton claims handling (Count III). The plaintiffs claim for breach of contract (Count I) and the defendants counterclaim for declaratory judgment remain pending. The Court returns these claims to Judge Davis for further proceedings consistent with this memorandum opinion. Signed by Judge Madeline Hughes Haikala on 3/21/2016. (KEK)