Parasco v. Pacific Indemnity Co.

MEMORANDUM AND ORDER

JOYNER, District Judge.

This diversity case arising under Pennsylvania law has been brought before the Court by motion of the defendant, Pacific Indemnity Company (Pacific), which seeks dismissal of Counts II and IV of the plaintiffs’ complaint pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons that follow, the defendants’ motion to dismiss is granted only to the extent that Count IV asks this Court to determine whether Pacific violated the Unfair Insurance Practices Act. In all other respects, the defendants’ motion will be denied.

I. HISTORY OF THE CASE

Plaintiffs Anthony…