James West v. State Farm Fire and Casualty Company

NATURE OF THE CASE

James West (“West”) appeals from the district court’s grant of summary judgment to his insurer, State Farm Fire and Casualty Co. (“State Farm”). West sued State Farm in state court for breach of contract, violation of Cal.Ins.Code § 790.03, breach of the covenant of good faith and fair dealing, and intentional infliction of emotional distress. All of these claims arose from State Farm’s refusal to pay West’s residential theft loss claim because West failed to submit to an examination under oath as required by the insurance policy.

State Farm removed the case to federal court under 28 U.S.C. § 1441 , basing jurisdiction on diversity of citizenship. 28 U.S. C. § 1332(a). The district court granted summary judgment after determining that West’s insurance policy contained, as a condition precedent to the duty of State Farm to pay any claim and to West’s ability to bring this lawsuit, a requirement that West, his spouse, and members of his household submit to examinations under oath upon reasonable request by defendant.

On appeal, West argues that whether or not State Farm’s request was reasonable is a triable issue of fact and that, therefore, the district…