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LOCHBAUM v. U.S. FIDELITY & GUAR. CO.

No. CIV.A. 00-154 ERIE.

136 F.Supp.2d 386 (2000)

Kenneth L. LOCHBAUM, individually and Ken Lochbaum Physical Therapy Clinic, Inc., Plaintiffs, v. UNITED STATES FIDELITY & GUARANTY COMPANY, now by merger St. Paul Insurance Companies, Defendant.

United States District Court, W.D. Pennsylvania.

September 28, 2000.

Attorney(s) appearing for the Case

James R. Fryling, Marsh, Spaeder, Baur, Spaeder, & Schaaf, Erie, PA, for Plaintiffs.

Edward P. Whittman, McClure & Miller, Erie, PA, James B. Burns, Deasey, Mahoney and Beneder, Philadelphia, PA, for Defendant.

MEMORANDUM OPINION

McLAUGHLIN, District Judge.

This case arises under the Pennsylvania bad faith statute applicable to insurers, 42 Pa. Cons.Stat. Ann. § 8371.1 We have jurisdiction pursuant to 28 U.S.C. § 1331, and are asked to determine the proper statute of limitations for section 8371 claims. The Defendant has filed a Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) on the ground that the Plaintiffs' action is...

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