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VAN ACKER v. UNITRIN PREFERRED INSURANCE CO.

No. 0062836/2008

2008 NY Slip Op 31834 (U)

DAVID K. VAN ACKER and SUSAN Y. VAN ACKER, Plaintiffs, v. UNITRIN PREFERRED INSURANCE COMPANY d/b/a KEMPER AUTO and HOME, MEAD MALOY AGENCY, INC., d/b/a ELY & LEENE AGENCY, and TIMOTHY CAPON, Defendants. Burke & Burke Patrick J. Burke, Esq., of Counsel Attorneys for Plaintiffs Hurwitz & Fine, P.C. Steven E. Peiper, Esq., of Counsel Attorneys for Defendant, Unitrin

Supreme Court of the State of New York, Wayne County.

June 30, 2008.

DECISION AND ORDER

DENNIS M. KEHOE, Justice.

The Defendant ( Unitrin") has moved pursuant to CPLR §3211(1) for an order dismissing the Plaintiffs' Complaint in its entirety, or in the alternative, for an order dismissing the Plaintiffs' allegations of bad faith. The Plaintiffs' ("VanAcker") have opposed the motion. (The remaining Defendants are not parties to this motion.)

In its moving papers, Unitrin maintains that the Van Ackers' Complaint...

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