Lucas v. State Farm Fire & Casualty Co.

864 F. Supp. 2d 1346, 2012 U.S. Dist. LEXIS 43666, 2012 WL 1074938
CourtDistrict Court, M.D. Georgia
DecidedMarch 29, 2012
DocketCivil Action No. 5:10-cv-460
StatusPublished
Cited by2 cases

This text of 864 F. Supp. 2d 1346 (Lucas v. State Farm Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lucas v. State Farm Fire & Casualty Co., 864 F. Supp. 2d 1346, 2012 U.S. Dist. LEXIS 43666, 2012 WL 1074938 (M.D. Ga. 2012).

Opinion

ORDER ON STATE FARM’S MOTION FOR SUMMARY JUDGMENT

C. ASHLEY ROYAL, District Judge.

Plaintiff R. Wesley Lucas brings this action against his insurance carrier, Defendant State Farm, for failure to pay a fire loss claim under Plaintiffs homeowner’s insurance policy. State Farm has filed the current Motion for Summary Judgment. Having considered the Motion, all responses and replies thereto, and the applicable law, the Court finds that because Plaintiff failed to submit to a required examination under oath, he breached the insurance contract, and State Farm is entitled to judgment as a matter of law. Thus, for the reasons explained herein, Defendant’s Motion for Summary Judgment [Doc. 13] is hereby GRANTED.

SUMMARY JUDGMENT STANDARD

Summary judgment must be granted if “there is no genuine issue as to any material fact and ... the moving party is enti[1349]*1349tied to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Johnson v. Clifton, 74 F.3d 1087, 1090 (11th Cir.1996). Not all factual disputes render summary judgment inappropriate; only a genuine issue of material fact will defeat a properly supported motion for summary judgment. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). This means that summary judgment may be granted if there is insufficient evidence for a reasonable jury to return a verdict for'the nonmoving party or, in other words, if reasonable minds could not differ as to the verdict. See id. at 249-52, 106 S.Ct. 2505.

In reviewing a motion for summary judgment, the court must view the evidence and all justifiable inferences in the light most favorable to the nonmoving party, but the court may not make credibility determinations or weigh the evidence. See id. at 254-55, 106 S.Ct. 2505; see also Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). The moving party “always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact” and that entitle it to a judgment as a matter of law. Celotex, 477 U.S. at 323, 106 S.Ct. 2548.

If the moving party discharges this burden, the burden then shifts to the nonmoving party to go beyond the pleadings and present specific evidence showing that there is a genuine issue of material fact (i.e., evidence that would support a jury verdict) or that the moving party is not entitled to a judgment as a matter of law. See Fed.R.Civ.P. 56(e); see also Celotex, 477 U.S. at 324-26, 106 S.Ct. 2548. This evidence must consist of more than mere conclusory allegations or legal conclusions. See Avirgan v. Hull, 932 F.2d 1572, 1577 (11th Cir.1991). Summary judgment must be entered where “the nonmoving party has failed to make a sufficient showing on an essential element of [his] case with respect to which [he] has the burden of proof.” Celotex, 477 U.S. at 323, 106 S.Ct. 2548.

BACKGROUND

In the early morning hours of October 22, 2008, while Plaintiff was spending the night away at his mother’s house, Plaintiffs house caught fire, and his home and personal property were damaged. Plaintiff had a homeowner’s insurance policy with State Farm which covered fire loss (the “Policy”). In November, Plaintiff notified State Farm he had retained legal counsel to represent him with his fire loss claim. A claim specialist on behalf of State Farm initiated an investigation of the facts and circumstances surrounding the fire. ' On December 1, 2008, State Farm sent the first of at least seventeen letters to Plaintiff or his attorney, over an almost two year period of time, outlining Plaintiffs duties under the Policy and requesting Plaintiff comply with those duties.

State Farm explained to Plaintiff in that first letter that certain terms and conditions of the Policy mandate that Plaintiff produce documents and records in support of his claim and submit to an examination under oath. Specifically, the Policy provides as follows:

2. Your Duties After Loss. After a loss to which this insurance may apply, you shall see that the following duties are performed:
c. prepare an inventory of damaged or stolen personal property. Show [1350]*1350in detail the quantity, description, age, replacement cost and amount of loss. Attach to the inventory all bills, receipts and related documents that substantiate the figures in the inventory;
d. as often as we reasonably require
(2) provide us with records and documents we request and permit us to make copies;
(3) submit to and subscribe, while not in the presence of any other insured:
(b) examinations under oath; and
e. submit to us, within 60 days after the loss, your signed sworn proof of loss which sets forth, to the best of your knowledge and belief:
(1) the time and cause of loss;
(2) interest of the insured and all others in the property involved and all encumbrances on the property;
(3) other insurance which may cover the loss;
(4) changes in title or occupancy of the property during the term of this policy;
(5) specifications of any damaged building and detailed estimates for repair of the damage;
(6) an inventory of damaged or stolen personal property described in 2.c;
(7) receipts for additional living expenses incurred and records supporting the fair rental value loss; and
(8) evidence or affidavit supporting a claim under the Credit Card, Bank Fund Transfer Card, Forgery and Counterfeit Money coverage, stating the amount and cause of loss.

(Policy p. 13, Doc. 13, Exh. A).

On December 26, 2008, Plaintiff submitted proof of loss documents to State Farm. Although disputed by State Farm, Plaintiff maintains that he provided State Farm with the proper information available to him.1 (PI. Aff., para. 15, Doc. 19, Exh. A). Plaintiff admits, however, that when he “submitted the proof of loss [he] did not use [State Farm’s] form. [He] just listed everything on a piece of paper.” Id.

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Cite This Page — Counsel Stack

Bluebook (online)
864 F. Supp. 2d 1346, 2012 U.S. Dist. LEXIS 43666, 2012 WL 1074938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucas-v-state-farm-fire-casualty-co-gamd-2012.