Mail Quip, Inc. v. Allstate Ins. Co.

388 F. Supp. 3d 433
CourtDistrict Court, E.D. Pennsylvania
DecidedMay 23, 2019
DocketCIVIL ACTION No. 19-223
StatusPublished
Cited by5 cases

This text of 388 F. Supp. 3d 433 (Mail Quip, Inc. v. Allstate Ins. Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mail Quip, Inc. v. Allstate Ins. Co., 388 F. Supp. 3d 433 (E.D. Pa. 2019).

Opinion

CHAD F. KENNEY, JUDGE

Plaintiff seeks to enforce an insurance policy with Defendant for a machine that was misappropriated in March 2015, alleging that Defendant breached this insurance policy and acted in bad faith under 42 Pa. C.S.A. § 8371 by denying Plaintiff its benefits and/or failing to pay for this loss. Defendant moves to dismiss these claims based on the suit limitation provision in the relevant policy, requiring that Plaintiff bring a legal action within two years of the date of loss, and based on the two-year statute of limitations for claims of bad faith under § 8371.

I. BACKGROUND

Plaintiff alleges that, on or about March 17, 2015, an ink cartridge refill machine used in Plaintiff's business was "misappropriated." ECF No. 6 at ¶ 11. Plaintiff alleges this machine was insured by Allstate Insurance Company ("Allstate" or "Defendant"), through a Commercial Property Insurance Policy [the "Policy"], which included "coverage for theft of machinery and equipment." Id. at ¶ 3. Plaintiff alleges that the Policy was "in force at all times relevant hereto," but also that "a full copy" of the Policy "was never given to [P]laintiff." Id. at ¶¶ 8-9. Plaintiff alleges that the "Policy [is] a contract of adhesion." Id. at ¶ 10.

Plaintiff alleges that it "discovered the misappropriation" of the machine on April 6, 2017, when it saw the machine listed for sale on eBay by an entity unknown to Plaintiff. Id. at ¶¶ 12-13. Plaintiff alleges that it never received any compensation for the sale of the machine. Id. at ¶ 14. Plaintiff alleges that it "reported the machine as stolen to the Pennsylvania State Police and filed a claim with defendant Allstate under the Policy." Id. at ¶ 15. Plaintiff does not allege the date that it filed a claim with Allstate nor the result of that claim. Plaintiff alleges that the machine had a value of $ 10,429 at the time of theft. Id. at ¶ 16.

Plaintiff alleges two counts against Allstate: (1) Breach of Contract (named *436"Property Theft Claim") and (2) Bad Faith.

A. Breach of Contract: Property Theft Claim

Plaintiff alleges that Allstate is "obligated to provide" Plaintiff with "protection against loss caused by misappropriation or theft of property" based on the Policy. Id. at ¶ 19. Plaintiff alleges it gave "prompt, timely and reasonable notice to [D]efendant of its losses and/or claim for loss of property and provided all required notices ... required by the applicable statute and laws." Id. at ¶ 22. Plaintiff alleges that Defendant "failed to promptly offer and/or pay any monies in satisfaction of the [P]laintiffs' claim for loss of property" and "failed to properly and promptly respond to" Plaintiff's claim and "has failed to make any adequate offers," which Plaintiff alleges are a "breach of [D]efendant's duty, obligation, and/or agreement with [P]laintiff" arising from the Policy. Id. at ¶¶ 23-26.

B. Bad Faith Claim

Plaintiff alleges that Defendant was "under a covenant and/or duty of good faith and fair dealing with the [P]laintiff regarding claims for loss or property benefits under the" Policy. Id. at ¶ 37. Plaintiff alleges that Defendant "acted in bad faith and breached its covenant and/or duty of good faith and fair dealing with the [P]laintiff in that the [D]efendant ... [f]ail[ed] to provide [P]laintiff with loss or property benefits; [l]ulled [P]laintiff into the belief that it was going to provide coverage to the [P]laintiff when ... it had no intention of paying out on the claim ... [which] prejudice[d] [P]laintiff's position ... [and] [o]therwise act[ed] in bad faith and/or in an unreasonable manner in denying and/or failing to promptly pay [P]laintiff's claim" Id. at ¶ 38.

Plaintiff further alleges that Defendant failed to promptly investigate or pay Plaintiff's claim within 30 days of submission, failed to obtain an investigatory report, failed to request additional information to re-evaluate Plaintiff's claim prior to denying or failing to pay that claim, permitted employees with "limited or no business acumen" to evaluate Plaintiff's claim prior to denying or failing to pay Plaintiff's claim, failed to agree to an arbitrator, and lacked a reasonable basis for denying benefits. Id.

II. STANDARD

When reviewing a motion to dismiss, the Court "accept[s] as true all allegations in plaintiff's complaint as well as all reasonable inferences that can be drawn from them, and [the court] construes them in a light most favorable to the non-movant." Tatis v. Allied Interstate, LLC , 882 F.3d 422, 426 (3d Cir. 2018) (quoting Sheridan v. NGK Metals Corp. , 609 F.3d 239, 262 n.27 (3d Cir. 2010) ). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (quoting Twombly, 550 U.S. at 557, 127 S. Ct. 1955 ). "The plausibility determination is 'a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.' " Connelly v. Lane Const. Corp., 809 F.3d 780, 786-87 (3d Cir. 2016) (quoting Iqbal,

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Bluebook (online)
388 F. Supp. 3d 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mail-quip-inc-v-allstate-ins-co-paed-2019.