Camper v. State Farm Fire and Casualty Company et al
Filing
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ORDER granting 35 Motion for Partial Summary Judgment. Signed by Judge Benjamin H. Settle. (MGC)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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CASE NO. C18-5486 BHS
VANESSA CAMPER,
Plaintiff,
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v.
STATE FARM FIRE AND CASUALTY
COMPANY and ALLSTATE
INSURANCE COMPANY,
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ORDER GRANTING
DEFENDANT’S MOTION FOR
PARTIAL SUMMARY
JUDGMENT
Defendants.
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This matter comes before the Court on Defendant State Farm Fire and Casualty
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Company (“State Farm”) motion for partial summary judgment re damages. Dkt. 35.
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The Court has considered the pleadings filed in support of and in opposition to the
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motion and the remainder of the file and hereby grants the motion for the reasons stated
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herein.
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I.
PROCEDURAL HISTORY
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On May 16, 2018, Plaintiff Vanessa Camper (“Camper”) filed a complaint in
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Pierce County Superior Court for the State of Washington against State Farm and Allstate
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Insurance Company (“Allstate”). Dkt. 1-2. Camper alleges that the insurance companies
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are liable for all damages associated with the flooding of her house on May 17, 2017. Id.
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On June 14, 2018, Allstate removed the matter to this Court. Dkt. 1.
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On June 19, 2019, State Farm and Allstate filed motions for summary judgment on
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coverage. Dkts. 17, 21. On August 7, 2019, State Farm filed the instant motion for
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partial summary judgment on damages. Dkt. 35. On August 26, 2019, Camper
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responded. Dkt. 38. On August 30, 2019, State Farm replied. Dkt. 41.
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On September 9, 2019, the Court granted Allstate’s motion on coverage and
denied State Farm’s motion on coverage. Dkt. 43.
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II. FACTUAL BACKGROUND
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On the morning of May 17, 2017, Camper walked down the stairs of her home to
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the lower level and “walked right into water.” Dkt. 18-1 at 4. She could not find where
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the water was coming from, so she sought help from her neighbor. Dkt. 25, Declaration
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of Vanessa Camper (“Camper Decl.”), ¶¶ 5–6. They discovered that water was flowing
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down her driveway and into her garage. Id. ¶ 7. At some point, Camper discovered that
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the water was emanating from a broken pipe between the main water connection and her
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house. Camper contacted Allstate and Washington Restorer, a home restoration
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company. Id. ¶ 8. Washington Restorer sent its employee Maggie King (“King”) to
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Camper’s house to appraise the damage and develop a remediation plan. Dkt. 26, ¶ 2.
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When King arrived at the house, the water had been turned off, but the source of
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the leak had not been identified. Id. ¶ 6. King asserts that the water heater was damaged
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and the electrical wiring in the house had been compromised by the flooding. Id. King
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opines that the house was uninhabitable because (1) there was no water, (2) the electrical
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system was compromised, (3) asbestos insulation had been damaged and needed to be
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removed, and (4) mold had started to form. Id. ¶ 7.
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Camper submitted the remediation plan and construction bids to Allstate, but
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Allstate denied coverage. Several weeks after the incident, Camper discovered that she
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also had a homeowner’s policy with State Farm. Camper Decl., ¶ 13. Camper submitted
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a claim, and State Farm assigned adjustor Fred Long (“Long”) to the claim. Id. Initially,
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State Farm denied coverage, but it eventually provided some coverage for the damage.
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Id. ¶ 15. Although King told Camper that the home was uninhabitable, State Farm
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refused to compensate Camper for substitute housing. Id. ¶ 16. Camper claims that Long
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would not authorize remedial work until Camper paid to fix the broken pipe. Id. In
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September, Camper obtained funds to pay for the pipe repair. She then hired DrainTech
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Northwest to excavate and repair the water line. Id., Exh. A.
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As a result of King’s conclusion that the house was uninhabitable, Camper and her
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daughter moved in with Camper’s mother. Dkt. 25, ¶ 13. Camper asserts that she was
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unable to pay the mortgage on her uninhabitable house and rent for a separate apartment.
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Id.
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On the date of the loss, Camper had a homeowner’s insurance policy with State
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Farm. Dkt. 18-3. The relevant part of the policy for this motion provides that State Farm
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will cover necessary costs Camper incurs when her premises becomes uninhabitable.
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Dkt. 18-3 at 17.
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III. DISCUSSION
State Farm moves for summary judgment seeking dismissal of Camper’s requests
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for (1) emotional distress damages; (2) damages allegedly sustained by non-party
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Vanneshia Camper; (3) exemplary damages or attorney’s fees under Washington’s
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Insurance Fair Conduct Act (“IFCA”); (4) housing costs; (5) injunctive relief; and (6)
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diminished fair market value to Camper’s house. Dkt. 35 at 1. Camper concedes that she
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is not requesting injunctive relief, Dkt. 38 at 11–12, and failed to respond to the
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diminished fair market value issue. The Court grants State Farm’s motion on injunctive
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relief based on Camper’s concession and on the diminished value issue because Camper
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has failed to establish a material question of fact on this issue. The Court addresses the
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remainder of the issues below.
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A.
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Summary Judgment Standard
Summary judgment is proper only if the pleadings, the discovery and disclosure
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materials on file, and any affidavits show that there is no genuine issue as to any material
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fact and that the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c).
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The moving party is entitled to judgment as a matter of law when the nonmoving party
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fails to make a sufficient showing on an essential element of a claim in the case on which
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the nonmoving party has the burden of proof. Celotex Corp. v. Catrett, 477 U.S. 317,
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323 (1986). There is no genuine issue of fact for trial where the record, taken as a whole,
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could not lead a rational trier of fact to find for the nonmoving party. Matsushita Elec.
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Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986) (nonmoving party must
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present specific, significant probative evidence, not simply “some metaphysical doubt”).
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See also Fed. R. Civ. P. 56(e). Conversely, a genuine dispute over a material fact exists
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if there is sufficient evidence supporting the claimed factual dispute, requiring a judge or
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jury to resolve the differing versions of the truth. Anderson v. Liberty Lobby, Inc., 477
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U.S. 242, 253 (1986); T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d
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626, 630 (9th Cir. 1987).
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The determination of the existence of a material fact is often a close question. The
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Court must consider the substantive evidentiary burden that the nonmoving party must
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meet at trial—e.g., a preponderance of the evidence in most civil cases. Anderson, 477
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U.S. at 254; T.W. Elec. Serv., Inc., 809 F.2d at 630. The Court must resolve any factual
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issues of controversy in favor of the nonmoving party only when the facts specifically
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attested by that party contradict facts specifically attested by the moving party. The
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nonmoving party may not merely state that it will discredit the moving party’s evidence
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at trial, in the hopes that evidence can be developed at trial to support the claim. T.W.
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Elec. Serv., Inc., 809 F.2d at 630 (relying on Anderson, 477 U.S. at 255). Conclusory,
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nonspecific statements in affidavits are not sufficient, and missing facts will not be
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presumed. Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 888–89 (1990).
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B.
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Emotional Distress
State Farm argues that Camper may not seek emotional distress damages for a
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breach of contract claim. Dkt. 35 at 4. Camper contends that she is entitled to these
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damages based on State Farm’s bad faith. Dkt. 38 at 5–6. State Farm argues that Camper
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did not plead a bad faith tort claim and the first time Camper mentioned “bad faith” in
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this matter was in her response brief. Dkt. 41 at 3. The Court agrees with State Farm.
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Camper’s complaint is extremely terse and does not mention bad faith or any tort action.
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At best, it requests all damages available caused by the flooding of her house. Dkt. 1-2,
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¶¶ 4.1, 4.3. That request, however, is based only on State Farm’s “liab[ility] to Plaintiff
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under [its] insurance policy . . . .” Id. ¶ 4.1. Therefore, the Court concludes that a claim
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for bad faith is outside the scope of the operative complaint.
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Limiting the complaint to a claim for breach of contract results in a conclusion that
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Camper may not seek emotional distress damages. “Emotional distress damages are not
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recoverable in a breach of contract action.” Trinidad v. Metro. Prop. & Cas. Ins. Co.,
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C13-5191 BHS, 2013 WL 6729639, at *4 (W.D. Wash. Dec. 19, 2013) (citing Gaglidari
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v. Denny’s Restaurants, Inc., 117 Wn.2d 426 (1991)). Therefore, the Court grants State
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Farm’s motion on Camper’s request for emotional distress damages.
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C.
Vanneshia Camper
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State Farm argues that Camper may not seek damages on behalf of her adult
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daughter Vanneshia Camper. Dkt. 35 at 4. Camper argues that Vanneshia is a third-party
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beneficiary of Camper’s contract and that “[h]er action is derivative of her mother’s
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claim.” Dkt. 38 at 7. The problem with this argument is that Vanneshia is not a party to
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this action and Camper fails to provide any authority for the proposition that she may, in
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her individual capacity, assert a claim on behalf of her adult daughter. Therefore, the
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Court grants State Farm’s motion on Camper’s request for damages on behalf of her
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daughter, Vanneshia.
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D.
IFCA
Similar to Camper’s failure to assert a bad faith claim, Camper not only failed to
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assert an IFCA claim but also failed to provide notice of her IFCA claim. RCW
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48.30.015(8) (“Twenty days prior to filing an action based on [violations of IFCA], a first
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party claimant must provide written notice of the basis for the cause of action to the
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insurer and office of the insurance commissioner.”). Camper does not contest these
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failures, but she does present tolling and waiver arguments based in equity and asserts
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that if the Court dismisses the IFCA claim, Camper could simply refile it. Dkt. 38 at 9.
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First, Camper provides no authority for either tolling or waiver of the IFCA notice
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requirement. Thus, the Court rejects these arguments.
Second, there is no IFCA claim to dismiss. Instead, the Court concludes that
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Camper did not assert an IFCA claim in her complaint. Moreover, it is highly unlikely
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that Camper could meet the high burden for leave to amend the complaint at this point
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because the current record reflects a lack of diligence. Johnson v. Mammoth Recreations,
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Inc., 975 F.2d 604, 608–09 (9th Cir. 1992) (“Rule 16(b)’s ‘good cause’ standard
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primarily considers the diligence of the party seeking the amendment. . . . If party was not
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diligent, the inquiry should end.”). Therefore, the Court grants State Farm’s motion on
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Camper’s request for IFCA damages under her sole breach of contract claim by failing to
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compensate her for the costs she incurred.
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E.
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Housing Costs
State Farm argues that Camper may not recover for substitute housing costs
because she did not actually incur any costs. Dkt. 35 at 6–7. Camper concedes that she
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has been living with her mother but argues that State Farm should have provided
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substitute housing while her home was allegedly uninhabitable. Dkt. 38 at 10–11.
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Contrary to Camper’s position, the contract of insurance only provides that State Farm
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will reimburse Camper for costs actually incurred. Dkt. 18-3 at 17. There is no provision
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in the contract that requires State Farm to pay for the housing in advance. Therefore, the
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Court grants State Farm’s motion on this issue because Camper has failed to establish
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that State Farm breached this provision of the contract.
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IV. ORDER
Therefore, it is hereby ORDERED that State Farm’s motion for partial summary
judgment re damages, Dkt. 35, is GRANTED.
Dated this 7th day of November, 2019.
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BENJAMIN H. SETTLE
United States District Judge
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