LG Infocomm U.S.A., Inc. v. Euler American Credit Indemnity Co.

ORDER (1) GRANTING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND (2) DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Plaintiff LG Infocomm U.S.A., Inc. brings this civil action pursuant to 28 U.S.C. § 1332 (a)(1) against its insurer, Defendant Euler American Credit Indemnity Company. Plaintiff alleges three counts in its Complaint: (1) Breach of insurance contract, (2) breach of the implied covenant of good faith and fair dealing (“bad faith”), and (3) declaratory relief. The parties have filed cross-motions for partial summary judgment on the issues of bad faith, punitive damages and attorney fees. After careful consideration, the Court grants Defendant’s motion for partial summary judgment on Plaintiffs bad faith claim.

I.

PROCEDURAL BACKGROUND

On April 1, 2003, Plaintiff filed its complaint in this case. On June 24, 2004, Defendant filed its present motion for partial summary judgment. Plaintiff thereafter filed its motion for partial summary judgment on July 16, 2004. The parties filed them respective oppositions to the motions on July 30, 2004, and them respective reply briefs on August 6, 2004. Or November 5, 2004, this Court heard oral argument on the…