Birth Center v. St. Paul Companies, Inc.

2 Citing briefs

  1. Sives v. Dji Technology, Inc. et al

    BRIEF IN SUPPORT re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

    Filed May 8, 2017

    See, e.g., Aranda v. Insurance Company of North America, 748 S.W.2d 210, 213-14, 31 Tex. Sup. Ct. J. 279 (Tex.1988). Cf. The Birth Center v. St. Paul Cos., 567 Pa. 386, 787 A.2d 376, 390 (2001) (Nigro, J.) (concurring opinion) ("I believe that the law in this Commonwealth establishes that there are two separate 'bad faith' claims that an insured can bring against an insurer-a contract claim for breach of the implied contractual duty to act in good faith, and a statutory bad faith tort claim sounding in tort under 42 Pa.C.S. § 8371.

  2. Broitman et al v. Ocwen Loan Servicing, Llc et al

    Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

    Filed June 5, 2017

    The purpose of damages in a breach of contract case is to return the parties to the position they would have been in but for the breach. Birth Center v. St. Paul Companies, Inc., 567 Pa. 386, 787 A.2d 376 (2001). Here, Plaintiffs do not allege, nor can they, that they’ve paid these “fees and costs.”