Lundes Garrett v. GEICO Indemnity Company

CourtDistrict Court, M.D. Pennsylvania
DecidedMay 26, 2026
Docket3:26-cv-00289
StatusUnknown

This text of Lundes Garrett v. GEICO Indemnity Company (Lundes Garrett v. GEICO Indemnity Company) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lundes Garrett v. GEICO Indemnity Company, (M.D. Pa. 2026).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA LUNDES GARRETT, : NO. 3:26-CV-00289 Plaintiff, : : v. : : (CAMONI, M.J.) GEICO INDEMNITY COMPANY, : Defendant. : :

MEMORANDUM OPINION The federal system of pleading makes it “relatively easy for plaintiffs to subject defendants to discovery.” Berk v. Choy, 146 S. Ct. 546, 543 (2026). Under the Federal Rules, a plaintiff is required to plead only “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). “Rule 8 excludes the possibility of requiring even more information on the same topic—whether in the pleading itself or on a separate sheet of paper attached to it.” Berk, 146 S. Ct. at 554 (citation modified). In this breach of contract suit, Plaintiff Lundes Garrett, proceeding

pro se, has complied with the federal pleading standard by alleging that GEICO breached the terms of its insurance policy when it wrongfully denied his claim for insurance benefits on his insured motorcycle. Because Garrett has pleaded sufficient factual allegations, beyond mere labels and conclusions, the Court will deny Defendant GEICO Indemnity

Company’s motion to dismiss (doc. 17) the Amended Complaint (doc. 16). I. BACKGROUND1 Garrett, a resident of Pennsylvania, took out an insurance policy on

a motorcycle with GEICO. Doc. 16 at 4. The policy provided coverage for damages if Garrett’s motorcycle was involved in an accident. Id. Under

the policy, GEICO agreed to pay the actual cash value of the motorcycle or the competitive price to repair damages. Id. About a month after entering the insurance contract with GEICO,

Garrett was involved in an accident, so he filed a claim for damages. Id. But, after almost three years, GEICO denied his claim because Garrett refused to provide the phone records of his family members. Id. He

provided other relevant information including service records of the motorcycle. Id. GEICO never examined the motorcycle. Id. at 5. On February 5, 2026, Garrett filed a complaint against GEICO and

moved for leave to proceed in forma pauperis. Docs. 1-2. The Court

1 In considering this motion to dismiss, the Court accepts all factual allegations in the Amended Complaint as true. See Phillips v. County of Allegheny, 515 F.3d 224, 228 (3d Cir. 2008). granted Garrett’s motion and issued summons as to GEICO. Docs. 5-6. Following GEICO’s motion to dismiss (doc. 11), Garrett filed the

Amended Complaint. Doc. 16. In the Amended Complaint, Garrett alleges two claims against GEICO: (1) breach of contract; and (2) bad faith. Id. at 5. GEICO moved

to dismiss. Doc. 17. The parties have filed their respective briefs (docs. 18, 21), and the motion is ripe for disposition.

II. LEGAL STANDARD The Federal Rules of Civil Procedure require “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.

R. Civ. P. 8(a)(2). On a Rule 12(b)(6) motion to dismiss, “a plaintiff’s obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the

elements of a cause of action will not do.” Twombly, 550 U.S. at 555 (citation modified). A district court must conduct a three-step analysis when

considering the sufficiency of a complaint under Rule 12(b)(6). Malleus v. George, 641 F.3d 560, 563 (3d Cir. 2011). First, the court must identify “the elements a plaintiff must plead to state a claim.” Ashcroft v. Iqbal, 556 U.S. 662, 675 (2009). Second, the court must identify all of the plaintiff’s well-pleaded factual allegations, accept them as true, and

“construe the complaint in the light most favorable to the plaintiff.” Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009). The court can discard bare legal conclusions or factually unsupported accusations

that merely state the defendant unlawfully harmed the plaintiff. Iqbal, 556 U.S. at 678, citing Twombly, 550 U.S. at 555. Third, the court must

determine whether “the facts alleged in the complaint are sufficient to show that the plaintiff has a ‘plausible claim for relief.’” Fowler, 578 F.3d at 211, quoting Iqbal, 556 U.S. at 679. A facially plausible claim “allows

the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at 210, quoting Iqbal, 556 U.S. at 678. On a Rule 12(b)(6) motion, the “defendant bears the burden of showing that no

claim has been presented.” Hedges v. United States, 404 F.3d 744, 750 (3d Cir. 2005). A complaint filed by a pro se litigant is to be liberally construed and

“however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551 U.S. 89, 94 (2007), quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976). Nevertheless, “pro se litigants still must allege sufficient facts in their complaints to support a claim.” Mala v. Crown Bay Marina, Inc., 704 F.3d

239, 245 (3d Cir. 2013). III. DISCUSSION The Court will deny GEICO’s motion to dismiss because Garrett

has pleaded sufficient factual allegations to state breach of contract and bad faith claims. The Court addresses each claim in turn.

A. Breach of Contract GEICO argues that Garrett insufficiently pleaded his breach of contract claim. Doc. 18 at 6. It contends generally that Garrett failed to

identify the policy provisions that were breached and only asserted conclusory allegations regarding its handling of Garrett’s claim. See id. at 6, 8. For his part, Garrett asserts that he has abided by the federal

pleading standard by alleging the existence of a “valid insurance contract, the occurrence of a covered loss (fire damage), and the Defendant’s subsequent refusal to pay.” Pl.’s Br., doc. 25 at 1.

In Pennsylvania, “The necessary material facts that must be alleged for [a breach of contract] action are simple: there was a contract, the defendant breached it, and plaintiffs suffered damages from the breach.” McShea v. City of Philadelphia, 995 A.2d 334, 340 (Pa. 2010).2 Construing Garrett’s pro se pleading liberally, the Court finds that

Garrett has stated sufficient factual allegations to show that discovery may establish the elements of each claim. To begin with, Garrett has alleged both the existence of a contract

and its essential terms. He alleged that he took out an insurance policy with GEICO under a specific policy number, thereby identifying the

contract at issue. Doc. 16 at 4. He next specified the terms of the policy which entitle him to coverage for damages to his motorcycle resulting from an accident, and that “GEICO will pay the actual cash value of the

motorcycle or the competitive price to repair damages.” Id. These allegations suffice to show that there was a contract and its essential terms entitled Garrett to coverage for his insured motorcycle. And

GEICO concedes as much. Doc. 18 at 6 (“The essential terms of the contract at issue . . .

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Related

Estelle v. Gamble
429 U.S. 97 (Supreme Court, 1976)
Erickson v. Pardus
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Karen Malleus v. John George
641 F.3d 560 (Third Circuit, 2011)
Kelley Mala v. Crown Bay Marina
704 F.3d 239 (Third Circuit, 2013)
Phillips v. County of Allegheny
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Fowler v. UPMC SHADYSIDE
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John Doe v. Princeton University
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Brown v. Peoples Security Ins.
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