Layton v. Liberty Mutual Fire Insurance Co.

MEMORANDUM

LOUIS H. POLLAK, District Judge.

This is a diversity case in which plaintiff seeks to recover damages from his automobile insurance company. In September 1981, defendant’s motion to dismiss plaintiff’s claims for breach of the insurance policy was granted; defendant’s motion to dismiss plaintiff’s claims based on the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“Consumer Protection Act”) was denied. Layton v. Liberty Mutual Life Insurance Co., 530 F.Supp. 285 (E.D.Pa.1981). Defendant now seeks summary judgment in its favor on the remaining claim.

Defendant renews…