Ferro, M.D. v. Safeco Insurance Company of America

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS FERRO, M.D., Case No. 1:22-cv-00885 JLT CDB 12 Plaintiff, ORDER DENYING MOTION FOR

JUDGMENT ON THE PLEADINGS

13 v. (Doc. 6) 14 SAFECO INSURANCE COMPANY OF AMERICA, et al., 15 Defendants. 16 17 I. BACKGROUND 18 Dr. Thomas Ferro filed this lawsuit in Kern County Superior Court alleging that 19 Defendant, Safeco Insurance Company of America, violated the covenant of good faith and fair 20 dealing in its handling of a claim made on the underinsured motorist benefit provision within the 21 automobile policy issued to Dr. Ferro by Defendant (UIM Policy). (Doc. 1 at 16–29 (Compl.).) 22 Defendant removed the case to this Court based on diversity jurisdiction. (Id. at 3–4.) 23 The relevant facts are straightforward and undisputed. On January 17, 2017, Dr. Ferro was 24 driving westbound on Route 166 in Bakersfield, California, following a Pontiac at approximately 25 55 mph. (Compl., ¶ 6.) The Pontiac drifted into oncoming traffic, colliding head-on with a semi- 26 …