Fleming v. Corporation Service Company

District Court, D. Maryland·Decided July 1, 2025·No. 8:24-cv-03335·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

) MICHAEL-ZAHIR – DAVID: ) FLEMING, ) ) Plaintiff pro se, ) Civil Action No. 24-cv-3335-LKG ) v. ) Dated: July 1, 2025 ) CORPORATION SERVICE COMPANY, ) ) Defendant. ) ) MEMORANDUM OPINION I. INTRODUCTION In this civil action, the Plaintiff pro se, Michael-Zahir – David: Fleming, challenges the denial of an insurance claim related to certain damages to his home by the Defendant, Liberty Mutual Personal Insurance Company (“Liberty Mutual”).1 See generally ECF No. 1. Liberty Mutual has filed a renewed partial motion to dismiss the complaint, pursuant to Fed. R. Civ. P. 12(b)(6). See generally ECF No. 17. The Plaintiff has also filed a cross-motion for leave to file an amended complaint, pursuant to Fed. R. Civ. P. 15(a). See generally ECF No. 20. In addition, the Plaintiff has moved to file a corrected version of his proposed amended complaint. See generally ECF No. 23. Liberty Mutual’s renewed partial motion to dismiss and the Plaintiff’s cross-motion for leave to amend the complaint have been fully briefed. ECF Nos. 17, 20, 23 and 24. No hearing is necessary to resolve the motions. L.R. 105.6 (D. Md. 2023). For the reasons that follow, the Court: (1) GRANTS-in-PART and DENIES-in-PART the Defendant’s renewed partial motion to dismiss (ECF No. 17); (2) DENIES the Plaintiff’s cross-motion for leave to amend the complaint (ECF No. 20) as well as the Plaintiff’s second motion for leave to amend the complaint (ECF No. 28); (3) DENIES-as-MOOT the Plaintiff’s motion to withdraw and

1 While the complaint identifies the Corporation Service Company as the Defendant in this matter, the parties agree that the proper Defendant in this case is Liberty Mutual Insurance Company. See generally ECF Nos. 1 and 17 at 1, n.1. substitute corrected amended complaint (ECF No. 23); and (4) DENIES-as-MOOT the Defendant’s partial motion to dismiss the complaint, dated December 31, 2024 (ECF No. 6). II. FACTUAL AND PROCEDURAL BACKGROUND2 A. Factual Background In this civil action, Plaintiff Michael-Zahir – David: Fleming challenges Liberty Mutual’s decision to deny his insurance claim related to certain damages to his home. See generally ECF No. 1. In the complaint, the Plaintiff asserts the following 11 claims against Liberty Mutual: (1) breach of contract (Count I); (2) breach of good faith and fair dealing (Count II); (3) violation of the Unfair Claims Settlement Practices Act (Count III); (4) violation of Section 1983 (42 U.S.C. § 1983) (Count IV); (5) violation of 18 U.S.C. §§ 1341 and 1343 (Count V); (6) intentional infliction of emotional distress (Count VI); (7) violation of the Maryland Consumer Protection Act (“MCPA”)(Count VII); (8) negligent misrepresentation (Count VIII); (9) violation of the implied covenant of good faith and fair dealing (Count IX); (10) bad faith insurance policies (Count X); and (11) unjust enrichment (Count XI). Id. at ¶¶ 8-49. As relief, the Plaintiff seeks, among other things, certain injunctive relief and to recover monetary damages, attorney’s fees and costs from Liberty Mutual. Id. at Prayer for Relief. The Parties Plaintiff Michael-Zahir – David: Fleming is a resident of the State of Maryland. ECF No. 1 at ¶ 2. Defendant Liberty Mutual Personal Insurance Company is an insurance company that is domiciled in Massachusetts and conducts extensive business in the State of Maryland. ECF No. 1 at ¶ 3. The Plaintiff’s Insurance Claim As background, the Plaintiff held a homeowners insurance policy with Liberty Mutual (the “Policy”). ECF No. 1 at ¶ 4; ECF No. 17-1 at 2. In 2021, the Plaintiff filed a claim under the Policy related to certain damage to his home and personal property resulting from a fire that occurred on November 17, 2021. ECF No. 17-1 at 1. After an independent certified fire

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