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ROTTMUND v. CONTINENTAL ASSUR. CO.

Civ. A. No. 89-5970.

813 F.Supp. 1104 (1992)

Patti M. ROTTMUND, Executrix of the Estate of David R. Artz, Deceased, Plaintiff, v. CONTINENTAL ASSURANCE COMPANY, Defendant.

United States District Court, E.D. Pennsylvania.

Order Denying Reconsideration and Certification December 14, 1992.

Attorney(s) appearing for the Case

James F. Mundy and Kevin P. McCarty, Raynes, McCarty, Binder, Ross & Mundy, Philadelphia, PA, for plaintiff.

Timothy R. Coyne, Stephen C. Baker; and Michael Saltzburg, Philadelphia, PA, for defendant.

MEMORANDUM AND ORDER

HUYETT, District Judge.

In its third motion in limine, defendant Continental Assurance Company moves the Court to bar Plaintiff from pursuing any claim for special damages under 42 Pa.C.S.A. § 8371. Defendant argues that Plaintiff is barred from seeking damages under Section 8371 because Defendant's denial of Plaintiff's claim occurred on March 30, 1989, well before the statute's enabling date of July 1, 1990.

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