In
the case of Miller-Echevarria v. LM
General Insurance Company, No. 19-Civil-14 (E.D. Pa. Feb. 14, 2019 Scmehl,
J.), the court granted a Defendant’s Motion to Strike Immaterial/Impertinent
Matter from a breach of contract Complaint filed against a UIM carrier.
According
to the detailed Order, the Complaint before the court contained one (1) count
for breach of contract due to the Defendant’s alleged failure to pay
underinsured motorist benefits under a policy issued to the Plaintiff.
The
court struck any and all allegations related to the Defendant’s alleged
handling or investigation of the Plaintiff’s claim, or the Defendant’s
non-contractual obligations, as these allegations were found to be irrelevant
and immaterial to the breach of contract claim. As such, such allegations were stricken from
the Complaint with prejudice.
Anyone
wishing to review a copy of this Order may click this LINK.
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