United States District Court, S.D. New York
OPINION AND ORDER
VINCENT L. BRICCETTI, UNITED STATES DISTRICT JUDGE
John Ruiz brings this diversity action against defendant
Liberty Mutual Fire Insurance Company, alleging breach of
contract and breach of the implied covenant of good faith and
fair dealing in connection with two homeowners insurance
claims submitted to, and denied by, defendant.
pending is defendant's motion for partial dismissal of
plaintiff's complaint pursuant to Rule 12(b)(6). (Doc.
following reasons, the motion is GRANTED IN PART and DENIED
Court has subject matter jurisdiction pursuant to 28 U.S.C.
purpose of ruling on the motion to dismiss, the Court accepts
as true all well-pleaded allegations in the complaint and
draws all reasonable inferences in plaintiff's favor, as
times relevant to the complaint, plaintiff was the owner of
real property located at 11 Linden Place in Middletown, New
York (the “insured premises”).
September 13, 2016 to September 13, 2018, plaintiff and the
insured premises were covered by a homeowners insurance
policy issued and delivered to plaintiff by defendant (the
about January 28, 2017, the insured premises flooded when a
pipe burst (the “first flood”). The first flood
allegedly caused damage to the insured premises and
plaintiff's personal property. Plaintiff reported the
incident to defendant and submitted an insurance claim for
his alleged losses. Thereafter, defendant inspected the
the insurance adjustment of the first flood claim, a
disagreement between plaintiff and defendant arose respecting
the amount of plaintiff's alleged losses. Plaintiff then
demanded an appraisal pursuant to the terms of the policy.
one year later, on January 13, 2018, the insured premises
again flooded following another burst pipe (the “second
flood”). The second flood allegedly caused additional
damage to the insured premises and plaintiff's personal
reported the incident to defendant and submitted an insurance
claim respecting same. Thereafter, defendant inspected the
March 12, 2019, over two years after the first flood,
defendant sent plaintiff a letter denying both claims for
coverage “due to alleged fraud or concealment.”
(Compl. ¶ 23).
March 29, 2019, defendant notified plaintiff by letter that
it was terminating the appraisal of plaintiff's damages
from the first flood because of a ...