Cranfield ex rel. Situated v. State Farm Fire & Cas. Co.

340 F. Supp. 3d 670
CourtDistrict Court, N.D. Ohio
DecidedNovember 26, 2018
DocketCASE NO. 1:16CV1273
StatusPublished

This text of 340 F. Supp. 3d 670 (Cranfield ex rel. Situated v. State Farm Fire & Cas. Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cranfield ex rel. Situated v. State Farm Fire & Cas. Co., 340 F. Supp. 3d 670 (N.D. Ohio 2018).

Opinion

CHRISTOPHER A. BOYKO, United States District Judge:

This matter comes before the Court following Defendant State Farm Fire & Casualty Company's ("State Farm") Motion to Dismiss with prejudice (ECF DKT # 8) Plaintiff Charles Cranfield's class action lawsuit. (ECF DKT # 1, Ex. 1). For the following reasons, the Court grants this motion.

Procedural Background

On April 22, 2016, Cranfield filed a class action lawsuit alleging one count of Breach of Contract against State Farm with the Cuyahoga County Court of Common Pleas. (ECF DKT # 1, Ex. 1). State Farm gave notice of removal to the Northern District of Ohio. (ECF DKT # 1). State Farm then moved the Court to certify a question to the Supreme Court of Ohio clarifying whether Ohio law requires insurers to exclude labor costs from depreciation calculations when determining the actual cash value ("ACV") of damaged property. (ECF DKT # 7). State Farm also moved to dismiss the case with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF DKT # 8). Cranfield opposed the Motion to Dismiss (ECF DKT # 10) and the Motion to Certify a Question to the Supreme Court of Ohio. (ECF DKT # 11).

*672State Farm filed replies to both motions. (ECF DKT # 13; ECF DKT # 14). On December 2, 2016, this Court ordered State Farm's question sent to the Supreme Court of Ohio (ECF DKT # 18), and dismissed the case. (ECF DKT # 19). On February 22, 2017, the Supreme Court of Ohio declined to certify the question (ECF DKT # 23, Ex. 1), and Cranfield motioned to reopen the case in federal court. (ECF DKT # 22).

Factual Background

Cranfield's home was damaged by a storm on October 14, 2014 and he submitted a claim to State Farm requesting coverage. (ECF DKT # 1, Ex. 1 at 4). An adjuster inspected the damage and an estimate for repair was sent to Cranfield. (ECF DKT # 1, Ex. 1 at 5). The total estimated cost to repair the damage, the replacement cost value, was $4,044.86. (ECF DKT # 1, Ex. 1 at 14). State Farm calculated the depreciation amount at issue in this case to be $1,348.57. (ECF DKT 1, Ex. 1 at 14). It subtracted this amount and Cranfield's deductible of $1,854.00 from the replacement cost value to arrive at a Net ACV of $842.29, which Cranfield received in two payments. (ECF DKT # 1, Ex. 1 at 14).

Cranfield's policy had a two-step loss settlement provision which provided that State Farm would pay the ACV at the time of loss. (ECF DKT # 8, Ex.2 at 17) ("(1) until actual repair or replacement is completed, we will pay only the actual cash value at the time of the loss of the damaged part of the property...."). Once the repair was completed, State Farm would pay the additional amount that the policy owner actually spent. (ECF DKT # 8, Ex. 2 at 17) ("(2) when the repair or replacement is actually completed, we will pay the covered additional amount you actually and necessarily spend to repair or replace the damaged part of the property....").

Cranfield takes issue with the manner in which State Farm calculated ACV. (ECF DKT # 1, Ex. 1 at 6). He claims that its inclusion of labor along with materials in the depreciation calculation resulted in an ACV payment that was less than he was contractually entitled. (ECF DKT # 1, Ex. 1 at 6).

Law and Analysis

1. Legal Standard

a. Motion to Dismiss

A complaint may be dismissed if the plaintiff fails to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). If the complaint contains insufficient, speculative factual allegations, or states a claim that is implausible on its face, it should be dismissed. Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ; Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). The Court must accept the factual allegations in the complaint as true, and construe the complaint in the light most favorable to the plaintiff. Erickson v. Pardus , 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) ; Hill v. Blue Cross and Blue Shield of Mich. , 409 F.3d 710, 716 (6th Cir. 2005).

b. Application of Ohio Law

When federal jurisdiction is based upon diversity, courts apply the law of the forum state. Erie R. Co. v. Tompkins , 304 U.S. 64, 78, 58 S.Ct. 817, 82 L.Ed. 1188 (1938) ; Ala. Farmers Co-op. v. Jordan , 440 F. App'x 463, 465 (6th Cir. 2011). When the state's highest court has not weighed in on an issue, lower court decisions are persuasive, but not controlling. King v. Order of United CommercialTravelers of America , 333 U.S. 153, 160-61, 68 S.Ct. 488, 92 L.Ed. 608 (1948) ;

*673Honeywell Int'l, Inc. v. Lutz Roofing Co.

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Bluebook (online)
340 F. Supp. 3d 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cranfield-ex-rel-situated-v-state-farm-fire-cas-co-ohnd-2018.