Chierfue Her v. State Farm Insurance

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This is an insurance dispute between Plaintiffs Chierfue Her (“Her”) and Ge Xiong (“Xiong”) and their former insurer, State Farm Insurance Company (“State Farm”). Plaintiffs have alleged state law claims for breach of contract and bad faith. State Farm now moves for summary judgment on all claims alleged against it. For the reasons that follow, the motion will be granted in part and denied in part.

BACKGROUND

In October 2011, Plaintiffs had a State Farm Renter’s Insurance Policy (“the Poli *961 cy”). See DUMF 1. The Policy had limits of $50,000 for personal property, $1,000 for cash, and $5,000 for jewelry. See Defendant’s Ex. 1; Xiong Dec. ¶ 8. The Policy contained a section entitled ‘Tour Duties After Loss.” See DUMF 34. In pertinent part, that section provides:

DUMF 34.

Additionally, under a section entitled “Conditions,” the Policy contained a provision entitled “Concealment and Fraud.” See DUMF 1. The “Concealment and Fraud” section reads: “This policy is void as to you and any other insured if you or any other insured under this policy has intentionally concealed or misrepresented any material fact or circumstances…