Pecarovich
Pecarovich v. Allstate Insurance
Opinion
Opinion
Collins, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
Defendant’s Motion pursuant to Fed. R.Civ.P. 56 was taken under submission by this Court on January 19, 2000. After reviewing the materials submitted by the parties and the case file, it is hereby ORDERED that Defendant’s Motion for Summary Judgment is GRANTED.
I. Procedural Background
On February 25, 1999, Plaintiff Richard Pecarovich filed a Complaint against Defendant Allstate Insurance Company, alleging causes of action for (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) actual and constructive fraud; and (4) negligence. On November 24, 1999, the Court dismissed Plaintiffs negligence claim.
On November 22, 1999, Allstate filed the instant Motion for Summary Judgment. Plaintiff filed an opposition on December 13, 1999. On December 27, 1999, Allstate filed its reply.
II. Summary Judgment Standard of Review
It is the burden of the party who moves for summary judgment to establish that there is “no genuine issue of material fact, and that the moving party is entitled to judgment as a matter of law.” Fed. R.Civ.P. 56(c); British Airways Bd. v. Boeing Co., 585 F.2d 946, 951…