Jacobellis

Jacobellis v. State Farm Fire & Casualty Co.

Good Law
120 F.3d 171·97 Daily Journal DAR 8985·1997 U.S. App. LEXIS 17503·97 Cal. Daily Op. Serv. 5529
United States Court of Appeals for the Ninth CircuitJuly 14, 1997No. 95-56661California2,208 words

Opinion

Lead Opinion

Ferguson, J.

After sustaining earthquake damage to their home, George and Michelle Jaeobellis (“Appellants” or “Jacobelhses”) filed suit against their residential property insurer, State Farm Fire and Casualty Company (“State Farm”), for negligent and intentional misrepresentation, bad faith, negligent and intentional infliction of emotional distress, and violation of Cal. Ins.Code §§ 10081 et seq. (West 1989) (“the Earthquake Insurance Act”). The district court granted State Farm’s motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6). The Jacobellises appealed the dismissal of all causes of action except for the claim of negligent misrepresentation. We have jurisdiction under 28 U.S.C. § 1291 . We reverse the district court’s dismissal of the claim under the Earthquake Insurance Act.

STANDARD OF REVIEW

A dismissal for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) is a ruling on a question of law and is reviewed de novo. Lewis v. Telephone Employees Credit Union, 87 F.3d 1537 , 1545 (9th Cir.1996). Review is limited to the contents of the complaint. Allarcom Pay Television, Ltd. v. General Instrument Corp., 69 F.3d 381, 385 (9th Cir. 1995).

All allegations of material fact are…

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