Smith v. Fidelity Mutual Life Insurance

MEMORANDUM

TENNEY, District Judge.

In the aftermath of a ten-year litigational history, the plaintiff, John Anthony Smith (“Smith”), an attorney, is suing defendants The Fidelity Mutual Life Insurance Company (“Fidelity”) and Richard H. Hollenberg, G. Clay Von Seldenick and Roy D. Kent (“the individual defendants”) on three counts. The action is before this Court on diversity grounds. Smith charges Fidelity with commission of prima facie tort; in the alternative he claims damages for breach of a covenant between himself and Fidelity. In the third count the individual defendants, who are…