John Horleica v. United Services Automobile Association

I.

INTRODUCTION

On February 20, 2023, plaintiff John Horlieca and Darryl Warner (“Plaintiffs”) filed a putative class action Complaint against defendant United Services Automobile Association and USAA Casualty Insurance Company (“Defendants”) asserting breach of contract and related claims arising from Defendants’ alleged practice of “systematically, wrongfully, and arbitrarily” denying first-party medical payments (“MedPay”) coverage benefits. ECF Docket No. (“Dkt.”) 1.

Plaintiffs assert the Court has subject matter jurisdiction under the Class Action Fairness Act because “there is diversity of citizenship between at least one plaintiff class member and one defendant; the proposed Classes each exceed one hundred members; and the matter in controversy exceeds the sum of $5,000,000.00, exclusive of interest and costs.” Id. ¶ 20. Specifically, Plaintiffs allege they are citizens of California; defendant USAA-Association (“USAA-A”) is “a reciprocal interinsurance exchange licensed to do business in the State of California”; and Defendant USAA Casualty Insurance Company (“USAA-CIC”) is a corporation organized under the laws of Texas with a principal place of business in Texas. …