Cooper v. Allstate Insurance Company
Filing
16
ORDER granting 4 motion. Count II of Cooper's complaint (bad faith) is dismissed without prejudice; count I (breach of contract) goes forward. Signed by Chief Judge D. P. Marshall Jr. on 1/19/2023. (jbh)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CAROLYN COOPER
v.
PLAINTIFF
No. 4:22-cv-745-DPM
ALLSTATE INSURANCE COMPANY
DEFENDANT
ORDER
Cooper
made
two
claims
on her
homeowner' s
policy.
She believes Allstate didn't investigate sufficiently one of her
claims - damage sustained when heavy machinery used to re surface a
road caused her whole house to vibrate. Not investigating a claim
adequately, though, isn't the kind of dishonest, malicious, or
oppressive conduct that equals bad faith under Arkansas law.
Reynolds v. Shelter Mutual Insurance Co., 313 Ark. 145, 148, 852 S.W.2d
799, 801 (1993). Cooper also believes Allstate didn't do right on a hail
damage claim. She had three inspections done, each of which estimated
more than $8,500 of damage to her roof. Allstate offered her $307.11.
But offers to compromise, even low-ball offers, likewise aren't a
sufficient showing of bad faith.
Aetna Casualty and Surety Co. v.
Broadway Arms Corp., 281 Ark. 128, 133, 664 S.W.2d 463, 465 (1984).
Motion, Doc. 4, granted.
Count II of her complaint (bad faith) is
dismissed without prejudice; count I (breach of contract) goes forward.
So Ordered.
v
D.P. Marshall Jr.
United States District Judge
; 9 ~ VM. ,Y
-2-
").O;J.. ?,
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?