Tubman v. USAA Casualty Insurance

MEMORANDUM

ANITA B. BRODY, District Judge.

Plaintiff Kelly E. Tubman brings suit against Defendant USAA Casualty Insurance Company (“USAA”) for breach of contract (Count I), violation of statutory bad faith (Count II), breach of fiduciary duty (Count III), breach of common law bad faith (Count IV), and violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (Count V). USAA moves to dismiss Counts III through V, and to strike any references to “fiduciary duty” in Tubman’s amended complaint. I exercise diversity jurisdiction over Tubman’s claims pursuant to 28 U.S.C. §…