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15-1460 - KVAERNER NORTH AMERICAN CONSTRUCTION INC. v. ALLIANZ GLOBAL RISKS US INSURANCE COMPANY


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15-1460 - KVAERNER NORTH AMERICAN CONSTRUCTION INC. v. ALLIANZ GLOBAL RISKS US INSURANCE COMPANY
January 26, 2017
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REPORT AND RECOMMENDATION re 38 MOTION for Partial Summary Judgment filed by ALLIANZ GLOBAL RISKS US INSURANCE COMPANY, 42 MOTION for Summary Judgment on Choice of Law Applicable to Kvaerner's Bad-Faith Claims filed by KVAERNER NORTH AMERICAN CONSTRUCTION INC. It is respectfully recommended that the Motion for Partial Summary Judgment filed by Allianz Global Risks US Insurance Company (Allianz) (ECF No. 38) be granted, and Plaintiff Kvaerner North American Construction Inc.'s Motion for Summary Judgment on Choice of Law Applicable to Bad-Faith Claims (ECF No. 42) be denied, and that Kvaerner be granted leave to amend its Complaint to assert claims of bad faith under Pennsylvania law. Objections to R&R due by 2/9/2017. Signed by Magistrate Judge Robert C. Mitchell on 1/26/17. (kld)
February 27, 2017
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MEMORANDUM ORDER. IT IS ORDERED that Defendant's Motion for Partial Summary Judgment (Doc. 38) is GRANTED and Plaintiff's Motion for Summary Judgment on Choice of Law Applicable to Bad-Faith Claims (Doc. 42) is DENIED. IT IS FURTHER ORDERED that Plaintiff is granted leave to amend its Complaint to assert state law claims of bad faith under Pennsylvania law, which the Court notes Plaintiff filed on February 21, 2017 (See Doc. 63). The Magistrate Judge's Report and Recommendation dated January 26, 2017 (Doc. 57), hereby is ADOPTED as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 2/27/17. (jwr)