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Insurance | New York Southern
Stipulation and Order
STIPULATION AND ORDER: 1. Plaintiff's hereby withdraw, without prejudice, all allegations purporting to assert claims for bad faith, extra-contractual liability, breach of the implied covenant of good faith and fair dealing, or any other non-contractual theory of recovery against State Farm, including, without limitation, the allegations contained in Paragraphs 27 through 37 of the Complaint. 2. Plaintiffs further withdraw, without prejudice, all requests for relief that are not recoverable under a breach of contract claim arising from the SUM coverage at issue, including any claims or demands for attorneys' fees, consequential damages, punitive damages, bad-faith damages, extra-contractual damages, or any other non-contractual relief. This includes, without limitation, the Third and Fourth Causes of Action and the corresponding requests for relief set forth in the WHEREFORE clause of the Complaint. 3. Following execution of this Stipulation, Plaintiffs' sole remaining causes of action in this litigation shall be Plaintiffs' First and Second Causes of Action for breach of contract seeking recovery of SUM benefits allegedly owed under Policy No. 291440552, subject to the terms, conditions, limitations, offsets, and applicable limits of the policy. 4. By entering into this Stipulation, neither party admits any liability, wrongdoing, coverage obligation, entitlement to damages, or the legal sufficiency of any claim or defense, all of which are expressly preserved except as expressly set forth herein. IT IS FURTHER STIPULATED AND AGREED that a copy of this fully executed Stipulation shall have the same force and effect as an original. SO ORDERED. (Signed by Judge Philip M. Halpern on 7/27/2026) (jjc)
Proposed Stipulation and Order
PROPOSED STIPULATION AND ORDER. Document filed by State Farm Mutual Automobile Insurance Company..(Troisi, Michael)
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