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.

Turner v. State Farm Fire and Casualty Co.

United States District Court, M.D. Pennsylvania

May 30, 2017

Ronald Turner and Bonnie Coenen Plaintiffs
v.
State Farm Fire & Casualty Company Defendant

          MEMORANDUM

          Honorable Richard P. Conaboy United States District Court

         A. Background.

         We consider here a Motion for Summary Judgment (Doc. 35) filed by Defendant State Farm Fire & Casualty Company (“State Farm”)on March 27, 2017. Plaintiffs Robert Turner and Bonnie Coenen filed this lawsuit against State Farm as a result of a fire that destroyed their residence in Shickshinny, Pennsylvania on December 24, 2013. Plaintiffs had an insurance policy with State Farm that covered their home and its contents. They allege that State Farm refused to pay for certain covered damages under that policy and unreasonably delayed payment on other lost property. Their Complaint (Doc. 1, Exhibit A) sets forth causes of action for breach of contract and bad faith.

         State Farm contends that it reasonably and promptly compensated Plaintiffs for all covered losses and that any delay in payment was a result of Plaintiffs' failure to perform their obligations under their policy with State Farm. The parties have briefed their positions (Docs. 36, 41, and 45) and this motion is now ripe for disposition.

         B. Undisputed Facts.[1]

         1. On or about April 6, 2015 Plaintiffs commenced the instant lawsuit by complaint filed in the Luzerne County Court of Common Pleas.

         2. On May 5, 2015, State Farm removed this case to the United States District Court for the Middle District of Pennsylvania.

         3. Plaintiffs' complaint alleges causes of action for breach of contract and bad faith against State Farm arising out of a homeowners' claim submitted by the Plaintiffs.

         4. On or about December 24, 2013, the Plaintiffs “sustained a loss and damages” due to a fire in their residence located at 414 Bloomingdale Road, Shickshinny, Pennsylvania.

         5. The Plaintiffs' residence was insured under a homeowners policy of insurance issued by State Farm - - Policy # 78-DJ-F880-5.

         6. The policy provided coverage as follows: (a) $193, 200.00 for the structure; (b) $144, 900.00 for personal property; and (c) loss of use as determined by the actual loss sustained.

         7. The Plaintiffs never rebuilt their home after the fire.

         8. The Plaintiffs have not contacted any contractors about rebuilding their home.

         9. State Farm paid Defendant $193, 200.00 for the loss of the structure on or about March 20, 2014.[2]

         10. On the date after the fire State Farm Agent, Robert Thompson, advanced the Plaintiffs $2, 000.00 on their personal property coverage.

         11. On December 26, 2013, State Farm claim representative Ray Moncavage wrote to the Plaintiffs and advised that there was additional coverage under “Option OL-Building Ordinance or Law.” This is additional coverage that is payable when such costs are incurred, and the letter set forth the policy language concerning such coverage.

         12. Mr. Moncavage also indicated to Plaintiff Coenen that she would need to complete a Personal Property Inventory.

         13. Mr. Moncavage requested that Plaintiff Coenen provide drawings of the layout of the home in January of 2014 in order that he could prepare an estimate.

         14. On or about March 4, 2014, Plaintiff Coenen retained a public adjustor, Scott Seeherman, to represent her concerning her claim with State Farm.

         15. Mr. Seeherman had dealt with Mr. Moncavage in the past, had not had any problems working with him, and confirmed that there was good communication between the two.

         16. Mr. Seeherman contacted State Farm soon after his retention and requested an additional advance payment on contents/personal property in the amount of $10, 000.00 17. State Farm then issued a check in the amount of $10, 000.00 as requested by Mr. Seeherman on March 4, 2014.

         18. At the time he was retained, Mr. Seeherman advised Plaintiff Coenen that she needed to prepare a “personal property ...


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.