Chong

ORDER DENYING DEFENDANT’S MOTIONS TO DISMISS AND STRIKE

Defendant State Farm Mutual Automobile Insurance Company (“Defendant”) moves to dismiss Plaintiffs Complaint for failure to state a claim upon which relief can be granted. Alternatively, Defendant moves to strike Plaintiffs class allegations. Plaintiff Kathleen Chong (“Plaintiff’) opposes. The Court decides the matter on the papers submitted and without oral argument pursuant to Civil Local Rule 7.1(d.l). For the reasons outlined below, the Court DENIES Defendant’s motions.

I. Background

All of the facts discussed below are taken from Plaintiffs First Amended Complaint (“FAC”) and assumed to be true. Plaintiff purchased automobile insurance from Defendant which provided first-party coverage for medical payments up to $5,000. After Plaintiff suffered unspecified injuries in an automobile accident with a third party, Defendant paid $5,000 towards Plaintiffs medical bills. Plaintiff pursued a claim against the third party with whom she had the accident and ultimately received a settlement of $65,000. To obtain that settlement, she paid approximately $28,000 in attorney fees and costs. Although Defendant knew about Plaintiffs…