Maddux
Maddux v. Philadelphia Life Insurance
Opinion
Opinion
Whelan, J.
ORDER GRANTING PHILADELPHIA LIFE’S MOTION FOR SUMMARY JUDGMENT; DENYING MOTION TO BIFURCATE AS MOOT; DENYING MOTION TO ISSUE RULE 54(B) CERTIFICATION
Defendant, counterclaimant and third party plaintiff Philadelphia Life Insurance Company (“Philadelphia Life”) moves for summary judgment, or alternatively partial summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs Robert Maddux, Dennis Maddux and Donald Maddux, (successors-in-interest to decedent Mary Manley Caine) (“Plaintiffs”) oppose. All parties are represented by counsel. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1335 , 1367. For the reasons expressed below, the Court GRANTS Philadelphia Life’s motion for summary judgment.
I. BACKGROUND
A. OVERVIEW
On March 6, 1998 Plaintiffs commenced this action alleging claims sounding in breach of contract, breach of the implied covenant of good faith and fair dealing and fraud based on Philadelphia Life’s refusal to pay Plaintiff Mary Manley Caine (“Caine”) the proceeds of a $25,000 life insurance policy. The policy was issued by Philadelphia Life to Omer L. Manley (“Manley”), Policy No. 0080421510. Manley, Caine’s former husband, was…