Castro

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

Re: Dkt. No.

Plaintiff Floyd , Castro submitted . a homeowner’s insurance claim to State Farm following the burglary of his home in April 2014, claiming that a significant amount of cash, a number of expensive tools and expensive musical equipment were stolen. State Farm denied the claim and voided Castro’s policy under its Concealment and Fraud provision because of Castro’s multiple material misrepresentations about the value and source of the stolen tools and equipment. 1 It now moves for summary judgment, or partial summary judgment, because its conduct was justified., Castro opposes because any misrepresentations are explained by plaintiffs memory problems, of which State Farm was fully aware. Indeed, he argues that State Farm’s-investigation was conducted in bad faith because, having knowledge of Castro’s memory problems, it should have sent him for an Independent Medical Exam prior to denying his claim for misrepresentations. Castro’s misrepresentations were' numerous and material, and he introduced no evidence of memory issues that a reasonable jury would find as an excuse for his obviously false and inconsistent submissions.…