SHERMAN, Feb 4 – A federal judge has ruled that a bad faith suit against State Farm Lloyds arising out of property damage claims lacked sufficient questions of material fact to avoid dismissal by summary judgment pursuant to F.R.C.P. 56.
After the case, involving breach of contract and statutory and common law bad faith claims was removed from Texas state court to federal court, the Plaintiff voluntarily dismissed common law bad faith claims, but retained statutory bad faith claims under the Texas Insurance Statute and the Texas Deceptive Trade Practices Act.
“Plaintiff has failed to cite any evidence that would create a genuine issue of fact as to whether Defendant acted unreasonably in its handling of the claims.”
Judge Amos Mazzant ruled.
He found that the Plaintiff did not produce any credible evidence that the insurer misrepresented provisions of the policy, misrepresented the authority of the agents, or that it unreasonably delayed the investigation or the processing of the Plaintiff’s insurance claims.
The Court ruled that the Plaintiffs breach of contract claims for coverage should proceed to trial.
Broxterman v. State Farm Lloyds, (E.D. Tx. 2016)(Mazzant, J.)