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Copelan v. Infinity Insurance Co.

Citations: 192 F. Supp. 3d 1063; 2016 U.S. Dist. LEXIS 82847; 2016 WL 3398408Docket: CASE NO. CV 16-1355-R

Court: District Court, C.D. California; June 14, 2016; Federal District Court

Narrative Opinion Summary

The case involves a legal dispute where plaintiffs filed a First Amended Complaint alleging six causes of action against two insurance companies, Infinity Insurance Company and Liberty Mutual Fire Insurance Company. These claims included violations of California's business and insurance codes, breach of contract, conspiracy, and damages related to diminished value or stigma of property. Defendants filed motions to dismiss under Federal Rule of Civil Procedure 12(b)(6), asserting that the plaintiffs' claims were insufficiently pled. The court granted these motions, finding that the plaintiffs failed to present plausible factual allegations and lacked entitlement to diminished value damages under the insurance policies, as such damages do not constitute 'physical damage' to tangible property. Further, the court ruled that there is no private right of action under Cal. Ins. Code § 790.03, thus affecting related claims. Additionally, the plaintiffs' fraud allegations did not meet the specificity required under Rule 9(b). The court also found that civil conspiracy is not a standalone cause of action and dismissed related claims. Ultimately, the court's dismissals were supported by precedent, including rulings that lessees, like Plaintiff Copelan, lack standing for diminished value claims, and that breach of good faith claims require an actual breach of contract, which was not demonstrated here.

Legal Issues Addressed

Breach of Contract and Good Faith in Insurance Policies

Application: Claims for breach of contract are dismissed where there is no specific contractual provision breached, and insurers cannot be held liable for breach of good faith without an underlying breach of contract.

Reasoning: To succeed, a plaintiff must identify a specific contractual provision that has been breached, as established in Reichert v. Gen. Ins. Co.

Civil Conspiracy as a Standalone Cause of Action

Application: The court dismisses conspiracy claims as civil conspiracy is not a standalone cause of action, but rather a doctrine imposing liability on those who share a common plan with tortfeasors.

Reasoning: Civil conspiracy is not a standalone cause of action but a doctrine imposing liability on those sharing a common plan with tortfeasors, as stated in Applied Equip. Corp. v. Litton Saudi Arabia Ltd.

Diminished Value and Insurance Coverage

Application: The plaintiffs' claims for diminished value damages are dismissed because California courts have determined such damages do not constitute 'physical damage' under insurance contracts.

Reasoning: California courts have established that diminished value does not constitute 'physical damage' to tangible property.

Fraud Pleading Requirements under Rule 9(b)

Application: Plaintiffs' fraud claims are dismissed for not meeting the specificity required under Rule 9(b) of the Federal Rules of Civil Procedure.

Reasoning: Plaintiffs fail to meet the heightened pleading requirements for fraud under Rule 9(b) of the Federal Rules of Civil Procedure, leading to the dismissal of this claim, as supported by Vess v. Ciba-Geigy Corp. USA.

Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6)

Application: The court evaluates the sufficiency of claims in the First Amended Complaint, requiring plausible factual allegations to infer liability.

Reasoning: The court evaluated the sufficiency of the claims based on Federal Rule of Civil Procedure 12(b)(6). For a complaint to survive a motion to dismiss, it must present plausible factual allegations rather than mere legal conclusions, allowing for a reasonable inference of liability.

Private Right of Action under California Insurance Code Section 790.03

Application: The court dismisses claims based on Cal. Ins. Code § 790.03 due to the absence of a private right of action, following precedent from Moradi-Shalal v. Fireman’s Fund Ins. Cos.

Reasoning: The court noted that the plaintiffs failed to establish a private right of action under Cal. Ins. Code Section 790.03, referencing the precedent set by Moradi-Shalal v. Fireman’s Fund Ins. Cos.

Standing to Claim Diminished Value Damages

Application: Plaintiff Copelan's claims are dismissed due to lack of standing as a lessee, as only a vehicle owner can claim diminished value damages.

Reasoning: Copelan lacks standing to claim diminished value damages because he leased the vehicle, as per Bristow v. Lycoming Engines.