Gorzela
Gorzela v. State Farm General Insurance Co.
Opinion
Lead Opinion
Otero, J.
PROCEEDINGS (in chambers): ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [Docket No. 27]
This matter is before the Court on Defendant State Farm General Insurance Company’s (“State Farm” or “Defendant”) Motion for Summary Judgment (“Motion”) filed October 17, 2016. Plaintiff Roxanne Gorzela (“Gorzela” or “Plaintiff’) filed an Opposition to the Motion (“Opposition”) on November 7, 2016, to which Defendant filed a Reply on November 14, 2016. The Court found this matter suitable for disposition without oral argument and vacated the hearing set for November 28, 2016. See Fed. R. Civ. P. 78(b). For the following reasons, the Court GRANTS Defendant’s Motion.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. Factual Background
This case is an action for breach of an insurance contract. Plaintiff is a judgment creditor and purported assignee of judgment debtor Mark Sailing, a State Farm insured. Plaintiff has filed suit against Defendant State Farm seeking to enforce Sailing’s rights under his State Farm policy concerning indemnification. Plaintiff also seeks to recover damages stemming from what is alleged to be Defendant’s breach of the implied covenant of good faith and fair…