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07-2790 - SMITH v. ALLSTATE FIRE&CASUALTY INSURANCE COMPANY


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07-2790 - SMITH v. ALLSTATE FIRE&CASUALTY INSURANCE COMPANY
March 11, 2008
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MEMORANDUM AND ORDER THAT THE UNOPPOSED MOTION TO CHANGE THE CAPTION FROM IDENTIFYING THE DEFENDANT AS "ALLSTATE INSURANCE COMPANY" TO "ALLSTATE FIRE AND CASUALTY COMPANY" IS GRANTED. THE MOTION TO DISMISS COUNTS II THROUGH V OF THE COMPLAINT IS GRANTED, HOWEVER PLAINTIFF SHALL HAVE UNTIL 3/31/08 TO FILE AN AMENDED COMPLAINT ASSERTING ONE COUNT FOR BREACH OF CONTRACT. THE MOTION TO DISMISS COUNT VI OF THE COMPLAINT FOR BREACH OF THE DUTY OF GOOD FAITH AND FAIR DEALING IS GRANTED AND THE CLAIM IS DISMISSED. THE MOTION TO DISMISS COUNT VII OF THE COMPLAINT FOR BREACH OF FIDUCIARY DUTY IS GRANTED AND THE CLAIM IS DISMISSED. THE MOTION TO DISMISS COUNT VIII OF THE COMPLAINT FOR FRAUD IS DENIED. THE MOTION TO DISMISS COUNT IX OF THE COMPLAINT FOR BREACH OF STATUTORY DUTIES IS GRANTED AND THE CLAIM IS DISMISSED. THE MOTION TO DISMISS COUNT XI OF THE COMPLAINT FOR VIOLATION OF THE CONSUMER PROTECTION ACT IS GRANTED AND THE CLAIM IS DISMISSED. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 3/10/08. 3/11/08 ENTERED AND COPIES E-MAILED.(fdc)