Defendant was obligated to pay plaintiff delay damages under the terms of the insurance policy where the policy was ambiguous regarding delay damages and where state law favors including such damages are part of compensatory damages. Motion to dismiss granted in part and denied in part.
October 11, 2011 at 10:00 AM
1 minute read
Heebner v. Nationwide Ins. Enterprise, PICS Case No. 11-4189 (E.D. Pa. Sept. 28, 2011) Goldberg, J. (11 pages).
Defendant was obligated to pay plaintiff delay damages under the terms of the insurance policy where the policy was ambiguous regarding delay damages and where state law favors including such damages are part of compensatory damages. Motion to dismiss granted in part and denied in part.
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