Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Anne M. Dixon v. All State Insurance Company

December 21, 2012

ANNE M. DIXON, PLAINTIFF,
v.
ALL STATE INSURANCE COMPANY, DEFENDANT.



The opinion of the court was delivered by: Timothy R. Rice U.S. Magistrate Judge

MEMORANDUM OPINION

Anne M. Dixon, a pro se litigant, has sued All State Insurance Company ("Allstate") for bad faith, fraud, and breach of contract. See Compl. at 10, 12, 14 (doc. 1). Allstate seeks summary judgment. Dixon opposes and seeks "direction from the court"; disqualification of Allstate's counsel; disclosure of Allstate's legal theories; bifurcation of the trial; an evidentiary hearing; and an extension to supplement her opposition to Allstate's summary judgment motion.*fn1

See generally Opposition.

For the following reasons, Allstate's motions are granted on the bad faith and fraud counts and denied on breach of contract count. Dixon's motions are denied.*fn2

I. Background

Dixon lives in a four-story row house located on Kater Street, Philadelphia, Pennsylvania with three unrelated persons ("boarders").*fn3 See Compl. ¶¶ 4-5; Dixon Dep. at 12:12-13:19. Dixon also operates her law practice from the home. See Dixon Dep. at 159:17-160:41; 11/20/11 Tr. at 83:4-13. Allstate provides homeowner's insurance coverage for the property. See Allstate Deluxe Homeowner's Policy, No. 908442703 (Ex. D-5) ("Policy"), at 16-17. The policy provides:

4. Our Settlement Options

In the event of a covered loss, we have the option to:

a) repair, rebuild or replace all or any part of the damaged, destroyed or stolen property with property of like kind and quality with a reasonable time; or

b) pay for all or any part of the damaged, destroyed or stolen property as described in Condition 5 "How We Pay For A Loss"

5. How We Pay For A Loss

Under Coverage A -- Dwelling Protection, Coverage B -- Other Structures Protection and Coverage C -- Personal Property Protection, payment for covered loss will be by one or more of the following methods . . .

b) Actual Cash Value. If you do not repair or replace the damaged, destroyed or stolen property, payment will be on an actual cash value basis. . .

c) Building Structure Reimbursement. Under Coverage A -- Dwelling Protection and Coverage B -- Other Structures Protection, we will make additional payment to reimburse you for costs in excess of actual cash value if you repair, rebuild, or replace damaged, destroyed or stolen covered property within 180 days of the actual cash value payment.

Building Structure Reimbursement will not exceed the smallest of the following amounts:

1) The replacement cost of the part(s) of the building structure(s) for equivalent construction for similar use on the same premises; . . .

Policy, at 16-17.

The policy does not cover Dixon's boarders because they are not "insured persons."*fn4 See id. at 2. The policy also does not cover "any loss or occurrence in which any insured person has concealed or misrepresented any material fact or circumstance." Id. at 5.

In 2006, a storm caused water damage to hardwood floors on the entire second floor and the third-floor front bedroom. See Dixon Dep. at 36:17-38:10; 51:6-17. It also damaged drywall in the: third-floor front bedroom, hallway, and laundry room; second-floor living and dining rooms; and first-floor garage. See id. at 36:17-38:10. Allstate authorized $20,556.31 for repairs, including $7,037 for replacement of the second floor and front bedroom hardwood floors. See 6/11/07 Adjuster Summary (Ex. D-7); 3/14/07 Invoice from Specialty Floors, Inc. (Ex. D-8). Dixon, however, replaced only the front bedroom floor for $2,169. See 11/30/11 Tr. at 67:7-68:18 (Ex. D-4); Dixon Dep. at 49:16-51:21. She also replaced and repainted the drywall on the second and third floors, paying $11,000 to ATM1 Contractors ("ATM"). See 2/6/07 Invoice from ATM Contractors (Ex. D-9) ("2006 ATM Invoice"); 11/30/11 Tr. at 69:1-7.

In 2007, another storm caused water damage to hardwood floors in the front bedroom and hallway. See Dixon Dep. at 69:8-70:5. It also caused drywall damage similar to the first storm, requiring replacement in the front bedroom, hallway, laundry room, living room, and dining room. See id. at 71:23-73:24. Although Allstate authorized $12,667.08 in payment, including approximately $6,000 for floor replacement, Dixon did not replace any flooring. See 5/9/07 Adjuster Summary (Ex. D-10); Dixon Dep. at ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.