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Dustin Southwood, et al. v. Pekin Life Insurance Company

Date: 07-09-2024

Case Number: 1:23-cv-00295

Judge: James R. Sweeney II

Court: United States District Court for the Southern District of Indiana (Marion County)

Plaintiff's Attorney:





Click Here For The Best Indianapolis Insurance Law Lawyer Directory







Defendant's Attorney: Grover Durton Davis and Scott Stephen Mandarich

Description:



Indianapolis, Indiana insurance law lawyers represented the Plaintiffs who sued on bad faith breach of insurance contract theory.





Indiana recognizes a cause of action for bad faith breach of an insurance contract.



This case was filed in Hendicks County Superior Court, 32D04-2301-CT-000024, and was removed to federal court by the Defendant.

Outcome:
07/08/2024 45 Order on Motion for Summary Judgment - The insurance policy here is unambiguous, and Pekin did not breach it. While the Court is not unsympathetic to the loss suffered by Plaintiffs; nonetheless, Pekin is entitled to summary judgment as a matter of law on the breach of contract claim. Plaintiffs also concede that summary judgment is proper on the bad faith claim. (Pls.' Resp. 7-8, ECF No. 39 .) Therefore, Pekin's Motion for Summary Judgment, (ECF No. 33 ), is granted in its entirety, ending the case. Final judgment shall issue accordingly. SEE ORDER. Signed by Judge James R. Sweeney II on 7/8/2024. (JRB) (Entered: 07/08/2024)

07/08/2024 46 Final Judgment - Pursuant to the Order also issued this day, judgment is entered in favor of Defendant on all claims. Plaintiffs shall take nothing by their Complaint. This is a final judgment under Federal Rule of Civil Procedure 58. Signed by Judge James R. Sweeney II on 7/8/2024.(JRB) (Entered: 07/08/2024)
Plaintiff's Experts:
Defendant's Experts:
Comments:

About This Case

What was the outcome of Dustin Southwood, et al. v. Pekin Life Insurance Company?

The outcome was: 07/08/2024 45 Order on Motion for Summary Judgment - The insurance policy here is unambiguous, and Pekin did not breach it. While the Court is not unsympathetic to the loss suffered by Plaintiffs; nonetheless, Pekin is entitled to summary judgment as a matter of law on the breach of contract claim. Plaintiffs also concede that summary judgment is proper on the bad faith claim. (Pls.' Resp. 7-8, ECF No. 39 .) Therefore, Pekin's Motion for Summary Judgment, (ECF No. 33 ), is granted in its entirety, ending the case. Final judgment shall issue accordingly. SEE ORDER. Signed by Judge James R. Sweeney II on 7/8/2024. (JRB) (Entered: 07/08/2024) 07/08/2024 46 Final Judgment - Pursuant to the Order also issued this day, judgment is entered in favor of Defendant on all claims. Plaintiffs shall take nothing by their Complaint. This is a final judgment under Federal Rule of Civil Procedure 58. Signed by Judge James R. Sweeney II on 7/8/2024.(JRB) (Entered: 07/08/2024)

Which court heard Dustin Southwood, et al. v. Pekin Life Insurance Company?

This case was heard in United States District Court for the Southern District of Indiana (Marion County), IN. The presiding judge was James R. Sweeney II.

Who were the attorneys in Dustin Southwood, et al. v. Pekin Life Insurance Company?

Plaintiff's attorney: Click Here For The Best Indianapolis Insurance Law Lawyer Directory. Defendant's attorney: Grover Durton Davis and Scott Stephen Mandarich.

When was Dustin Southwood, et al. v. Pekin Life Insurance Company decided?

This case was decided on July 9, 2024.