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

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 THOMAS FERRO, M.D., Case No. 1:22-cv-00885 JLT CDB Plaintiff, ORDER DENYING MOTION FOR

JUDGMENT ON THE PLEADINGS

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