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SMITH v. NATIONWIDE MUT. FIRE INS. CO.

Civil Action No. 95-135 Erie.

935 F.Supp. 616 (1996)

Richard C. SMITH and Michelle Smith, his wife, Plaintiffs, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY and Nationwide Mutual Insurance Company and Nationwide Property and Casualty Insurance Company and Nationwide Insurance Companies, Defendants.

United States District Court, W.D. Pennsylvania.

February 20, 1996.

Attorney(s) appearing for the Case

Paul D. Shafer, Jr., Jeffrey K. Millin, Shafer, Swick, Bailey, Irwin & Stack, Meadville, PA, for plaintiff.

C. Peter Hitson, Pietragallo, Bosick & Gordon, Pittsburgh, PA, Scott G. Dunlop, Patricia A. Monahan, Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, for defendants.

MEMORANDUM OPINION

McLAUGHLIN, District Judge.

Presently pending before this Court is Defendants' motion to dismiss the Complaint in the above-captioned matter. For the reasons stated below, the motion will be granted only insofar as Plaintiffs' Count II is premised directly or indirectly on alleged violations of the Pennsylvania Unfair Insurance Practices Act, PA.STAT.ANN. tit. 40, §§ 1171.1 et seq. (1992), and the Unfair Claims...

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