Watson v. Nationwide Mut. Ins. Co.

R. BARCLAY SURRICK

AND NOW, this 12th day of October, 2011, upon consideration of Defendant's Motion to Dismiss Pursuant to Rule 12(b)(6) and Strike Pursuant to Rule 12(f) (HCF No. 3), and all documents submitted in support thereof and in opposition thereto, it is ORDERED as follows:

1. Defendant's Motion to Dismiss as to Plaintiff's bad faith claim in Count II of the Complaint is DENIED.
2, To the extent that Plaintiff claims punitive damages in Count I of the Complaint that claim is DISMISSED.
3. Plaintiff's claim for emotional distress damages in Count II of the Complaint is DISMISSED.
4, The bad faith claim in Count II of Plaintiff s Complaint based upon the Pennsylvania Unfair Insurance Practices Act is DISMISSED.

IT IS SO ORDERED.

BY THE COURT

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R. BARCLAY
SURRICK , J.