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ELLIS v. METRO. PROPERTY AND LIABILITY INS. CO.

Civ. No. 82-4287.

600 F.Supp. 1 (1982)

Robert Lee ELLIS and Joyce Ann Ellis, Plaintiffs, v. METROPOLITAN PROPERTY AND LIABILITY INSURANCE COMPANY, an insurance corporation, Defendant.

United States District Court, S.D. Illinois, Benton Division.

October 22, 1982.

Attorney(s) appearing for the Case

Mitchell, Brandon & Schmidt, Carbondale, Ill., for plaintiffs.

Russell F. Watters, Brown, James, Rabbitt, Whaley, McMullin & Pitzer, Belleville, Ill., for defendant.

ORDER

FOREMAN, Chief Judge.

Before the Court is defendant's Motion to Dismiss or in the Alternative Strike Count III of Plaintiffs' Complaint. Count III alleges that defendant unreasonably refused to pay plaintiffs' insurance claim and therefore breached "the duty of good faith and fair dealing." Defendant denies that such a cause of action exists. At issue is whether there exists in Illinois a tort action for breach of the duty of good faith and fair dealing...

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