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ROSSI v. PROGRESSIVE INS.

Civil Action No. 3:09-CV-876.

813 F.Supp.2d 643 (2011)

Alan ROSSI and Laura Rossi, his wife, Plaintiffs, v. PROGRESSIVE INSURANCE, Defendant.

United States District Court, M.D. Pennsylvania.

April 25, 2011.

Attorney(s) appearing for the Case

Brian C. Corcoran, Edward J. Ciarimboli, Fellrman Law, P.C., Kingston, PA, for Plaintiffs.

Charles B. Stokes, Forry Ullman, Scranton, PA, Robert E. Dapper, Jr., Dapper, Baldasare, Benson, Behling & Kane PC, Pittsburgh, PA, for Defendant.

MEMORANDUM

A. RICHARD CAPUTO, District Judge.

This case considers whether the defendant insurer acted in bad faith when it failed to pay the plaintiffs' demand on an underinsured motorist claim. Because the evidence viewed in the plaintiffs' favor fails to show bad faith by clear and convincing evidence, the defendant's motion for summary judgment (Doc. 50) will be granted. Also before the Court is a motion to strike the plaintiffs' expert report...

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