Zhiwei Chen v. Allstate Northbrook Indemnity Company

I. Factual and Procedural Background

On January 16, 2023, Plaintiff was delivering food for Uber when he was involved in an automobile accident. At the time of the accident, Allstate insured Plaintiff’s car under an automobile insurance policy, Policy Number 999771929 (the “Policy”). The Policy provides that Allstate “may settle any claim or suit if [Allstate] believe[s] it is proper.” Allstate insured two cars for Plaintiff, a 2011 Toyota Prius and a 2023 Toyota Sienna under the Policy. In his Complaint, Plaintiff does not state which of these two cars he was driving After the accident, a claim was made to Allstate against Plaintiff, and Allstate settled that claim. Plaintiff alleges that Allstate reported the claim/accident to LexisNexis, and that Allstate’s reporting of the claim/accident caused an increase in his premiums. On April 22, 2024, Plaintiff filed a Complaint against Allstate in Los Angeles Superior Court “LASC”), alleging claims for: (1) breach of contract; (2) breach of the implied duty of good faith and fair dealing; (3) insurance fraud; (4) defamation; and (5) intentional infliction of emotional distress. On June 20, 2024, Allstate filed its Answer. …