X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM AND ORDER Plaintiff Eleonora Ciobanu sued her insurer, State Farm Fire and Casualty Company (“State Farm”), in December 2020. She seeks compensation for damage to her home caused in January 2018 by a burst pipe. Ms. Ciobanu’s insurance policy provides that any lawsuit against State Farm must be brought within two years of the event causing loss or damage. Because Ms. Ciobanu brought suit after that window had closed, her claims for breach of contract, breach of the covenant of good faith, and consequential losses are time-barred. Ms. Ciobanu has also failed to adequately plead any other claim. Accordingly, as explained below, her complaint is dismissed. BACKGROUND The following facts come from the complaint and the insurance policy “integral” to it. Mears v. Allstate Indem. Co., 336 F. Supp. 3d 141, 147 (E.D.N.Y. 2018). The allegations in the complaint are “accept[ed] as true” on a motion to dismiss. Hamilton v. Westchester Cnty., 3 F.4th 86, 90 (2d Cir. 2021) (quoting Dane v. UnitedHealthcare Ins. Co., 974 F.3d 183, 188 (2d Cir. 2020)). Ms. Ciobanu owns a home in Forest Hills, New York. Compl. 4, Def.’s Ex. A (Dkt. #1-2) (“Compl.” or “complaint”). On January 8, 2018, a pipe burst at the home, causing “a near total or total loss to the dwelling and all personal property.” Id. 7. To protect her property, Ms. Ciobanu had purchased an insurance policy from State Farm. Id. 5. The policy provides $2,816,930 in coverage. Id. 6. It also stipulates that “[n]o action shall be brought unless there has been compliance with the policy provisions and the action is started within two years after the occurrence causing loss or damage.” Homeowners Policy 37, Decl. of Brian L. Bank Ex. B (Dkt. #10-2) (“Policy”). When the pipe burst, Ms. Ciobanu gave State Farm timely notice and proof of the loss. Compl. 9. She also alleges that she cooperated fully with State Farm’s investigation and complied with the policy’s provisions. Id. 10. Even so, State Farm has only paid $595,147.50 to date and refuses to pay more. Id.

6, 11, 14. Because Ms. Ciobanu asserts that her losses exceed the amount that State Farm has paid, Ms. Ciobanu sued. In her complaint, Ms. Ciobanu brings “causes of action” for (i) breach of contract, id. at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›