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16-147 - AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY v. FELIX


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16-147 - AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY v. FELIX
April 11, 2018
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MEMORANDUM OPINION AND ORDER - upon consideration of (1) the Motion for Summary Judgment filed by Felix (ECF No. 45) and (2) the Motion for Partial Summary Judgment as to All Claims of Bad Faith filed by American National (ECF No. 50), and in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED as follows: 1. The Court DENIES Felix's Motion for Summary Judgment (ECF No. 45). 2. The Court GRANTS American National's Motion for Partial Summary Judgment as to All Claims of Bad Faith (ECF No. 50). 3. The following claims remain: American National's claim for declaratory judgment (Count I); American National's claim for civil insurance fraud (Count II); and Felix's counter-claim for breach of contract, to the extent it asserts a breach of contract claim rather than a bad faith claim (Count I of Felix's Answer and Counterclaims). 4. American National's Unopposed Motion for Leave to File Excess Pages in Brief in Support of Motion for Summary Judgment (ECF No. 43) is DENIED AS MOOT. 5. The Court observes that discovery is closed, the deadline for filing dispositive motions has passed, and the Court has already held a Post-Discovery Status Conference in this case (see ECF No. 40.) Accordingly, the case appears ready for trial. 6. The parties must comply with the Trial Order that follows this Memorandum Opinion, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 4/11/2018. (dlg)