Dull v. Mutual of Omaha Insurance Co.

MARTIN, Judge.

The issue to be decided in this appeal is whether defendants were entitled to summary judgment with respect to plaintiffs’ claims. Plaintiffs argue that summary judgment was improper, contending that the previous denial of defendants’ motions to dismiss plaintiffs’ claims pursuant to Rule 12(b)(6) established “the law of the case” and precluded the subsequent entry of summary judgment dismissing those claims. In any event, they contend, genuine issues of material fact exist as to whether defendants have engaged in unfair and deceptive trade practices and have breached an implied…