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)

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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.. ?,

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