Hubbard Business Plaza v. Lincoln Liberty Life Insurance

MEMORANDUM DECISION AND ORDER

EDWARD C. REED, Jr.„ District Judge.

The counterdefendants’ motion for partial summary judgment, which contends that counterclaimant Lincoln Liberty Life Insurance Company (hereinafter Lincoln) is not entitled to punitive damages as a matter of law, has been considered by U.S. Magistrate Phyllis Halsey* Atkins. In a Report and Recommendation filed March 26, 1984, the Magistrate has recommended that the motion be denied. She feels that the ultimate test is whether the duty purportedly breached by the counterdefendants was created by contract or by the common law.…