Roderick Herbert v. State Farm Mutual Automobile I

MEMORANDUM

In February 2002, Roderick Herbert purchased an insurance policy from State Farm Mutual Automobile Insurance Company (“State Farm”) for his Harley Davidson Road King motorcycle. Roughly three years later, Herbert reported that his motorcycle had been stolen and filed a claim with State Farm, prompting the insurer to investigate the circumstances of the theft. State Farm ultimately denied Herbert’s claim, concluding that he violated his policy’s “fraud or concealment” clause by making several misrepresentations during the investigation. These included Herbert’s suggestion that his criminal history was limited to juvenile arrests or convictions, though he had actually served time in state prison for multiple counts of motor vehicle theft.

After State Farm denied his claim, Herbert filed suit in California state court for breach of contract and breach of the implied covenant of good faith and fair dealing. State Farm removed the case to federal court, asserting diversity jurisdiction, and moved for summary judgment. The district court granted the motion, and Herbert appealed. We affirm.

We review a district court’s grant of summary judgment de novo. United Nat’l Ins.…