Kane

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RUSSELL KANE, Case No.: 17cv02581-JAH-AGS

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’S

AMENDED MOTION FOR

UNITED SERVICES AUTOMOBILE

SUMMARY JUDGMENT

ASSOCIATION, and, DOES 1 TO 50, [Doc. No. 22] Defendant. 16 17 PROCEDURAL BACKGROUND Plaintiff, Russell Kane, originally filed a complaint in Superior Court on November 27, 2017, asserting claims for breach of the implied covenant of good faith and fair dealing, negligent infliction of emotional distress and intentional infliction of emotional distress. Plaintiff names United Services Automobile Association (“USAA”) and Does 1 through 50 as defendants. Plaintiff alleges he was severely injured in an automobile accident on August 15, 2013 and opened an Underinsured Motorist (“UIM”) claim with Defendant, with whom he had entered into a contract for insurance, and Defendant refused to make…