Lory
Lory v. Federal Insurance
Opinion
Lead Opinion
MEMORANDUM ***
Marvin Lory appeals the district court’s order granting Federal Insurance Company’s (“Federal”) motion to dismiss the Complaint pursuant to Fed R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted and denying his motion to file an amended complaint. Lory contends that his complaint was not barred by the statute of limitations because the continuing acts of bad faith after the initial denial of coverage triggered additional dates for the accrual of his claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 and will affirm.
Federal provided a policy of property insurance to its insured, American Pepper *316 Supply Company, Inc. (“American Pepper”), who is not a party to this lawsuit. 1 American Pepper filed an insurance claim arising out of an alleged theft of equipment, which was denied by Federal on November 19, 1997. Thereafter, Lory, an employee of American Pepper, filed a complaint against Federal on May 10, 2002, in the Arizona Superior Court (subsequently removed to the United States District Court for the District of Arizona). The complaint alleges that Federal unreasonably denied the theft-loss claim of American Pepper in bad…