Burleson v. Illinois Farmers Insurance

ORDER ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT

McKINNEY, District Judge.

This diversity action comes before the Court on the defendant’s motion for summary judgment. The issues raised have been briefed as of August 16,1989, and are ready for resolution. For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART the motion. The plaintiff cannot recover consequential damages in this good faith dispute, but he can seek pre-judgment interest.

I. FACTUAL AND PROCEDURAL BACKGROUND 1

Plaintiff Richard Burleson owned a home at 3749 Alsace Drive in Indianapolis, and insured the…