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16-251 - ACCIDENT FUND INSURANCE COMPANY OF AMERICA v. CUSTOM MECHANICAL CONSTRUCTION, INC. et al


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16-251 - ACCIDENT FUND INSURANCE COMPANY OF AMERICA v. CUSTOM MECHANICAL CONSTRUCTION, INC. et al
January 16, 2018
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ENTRY ON AFICA'S 44 MOTION TO DISMISS CMC'S AMENDED COUNTERCLAIM - AFICA's Motion to Dismiss is GRANTED. 44. CMC's counterclaims of Negligence (Count I), Bad Faith (Count III), Violation of Kentucky's Unfair Claims Settlement Practices Act (Count IV), and Violation of the Kentucky Consumer Protection Act (Count V) are DISMISSED WITH PREJUDICE. CMC's claim of breach of contract (Count II) is DISMISSED WITHOUT PREJUDICE. SEE ORDER. Signed by Judge Richard L. Young on 1/16/2018. (JRB)