Where a man alleged his automobile insurance carriers acted with ill-intent in refusing to settle an insurance claim for the full cost of the repairs to his vehicle, but his fraud, negligence and bad faith claims failed as a matter of law, the suit was dismissed.
Background
Edward M. Call, who was in a collision while in his insured vehicle, brings this suit alleging that Government Employee’s Insurance Company and GEICO Advantage Insurance Company acted with ill-intent in refusing to settle an insurance claim for the full cost of the repairs to his vehicle. Defendants have filed motions to dismiss, and Call has filed a motion for default judgment.
Fraud
A fraud claim in Virginia requires allegations of “(1) a false representation, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) reliance by the party misled, and (6) resulting damage to the party misled.” Moreover, Federal Rule of Civil Procedure 9(b) requires that the circumstances of the fraud be alleged with particularity. Specifically, this calls for heightened standards for pleading the “‘who, what, when, where, and how’ of the alleged fraud.”
Plaintiff, in a conclusory fashion, asserts that “published statements’ were produced in furtherance of the fraud, but neither provides the court with the content of such statements nor articulates how the statements are fraudulent. Furthermore, plaintiff merely asserts that the estimate was fraudulently produced but fails to specify...
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