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MALECEK v. STATE FARM MUT. AUTO. INS. CO.

No. C040012LRR.

395 F.Supp.2d 767 (2005)

Consuelo MALECEK and Mark Malecek, Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

United States District Court, N.D. Iowa, Cedar Rapids Division.

May 24, 2005.

Attorney(s) appearing for the Case

Darin Hans Luneckas, Luneckas & Newhouse, PC, Cedar Rapids, IA, for Plaintiffs.

Brenda K. Wallrichs, J. Michael Weston, Moyer & Bergman, PLC, Cedar Rapids, IA, for Defendant.

ORDER

READE, District Judge.

I. INTRODUCTION

On January 6, 2004, Plaintiffs Consuelo Malecek and Mark Malecek (the "Maleceks"), a married couple, filed a Petition against Defendant State Farm Mutual Automobile Insurance Company ("State Farm") in the Iowa District Court in and for Linn County. In such Petition, the Maleceks claim a breach of contract (Count 1) and a bad-faith claim denial (Count 2) on the part of State Farm. The Maleceks...

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