Causby v. Allstate Insurance

ORDER

HAMILTON, District Judge.

This case involves a claim made by the plaintiff for payment under a homeowner’s insurance policy resulting from fire damage to her residence. Defendant, Allstate, has refused payment on the policy, asserting as defenses to liability: arson, increase of the hazard by the insured, and intentional *33concealment and misrepresentation. Plaintiff seeks punitive damages in this action, alleging that defendant’s refusal to pay her claim was made in bad faith.

Defendant now moves to dismiss plaintiff’s claim for punitive damages on the ground that even if such a bad faith…