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Torres v. Allstate Indemnity Co.

United States District Court, N.D. Illinois, Eastern Division

March 2, 2015

SERAFIN TORRES and HORTENCIA TORRES, Plaintiffs,
v.
ALLSTATE INDEMNITY CO. and ALLSTATE INSURANCE CO., Defendants.

MEMORANDUM OPINION AND ORDER

JORGE L. ALONSO, District Judge.

Plaintiffs sue defendants for breach of contract (Counts I and II), vexatious failure to settle (Count III), common law and statutory fraud (Counts IV-VII), and a declaratory judgment (Count VIII). Defendants have filed a Federal Rule of Civil Procedure ("Rule") 12(b)(6) motion to dismiss the amended complaint. For the reasons set forth below, the Court grants in part and denies in part the motion.

Facts

Since 2003, plaintiffs have insured their property at 2907 West Belden in Chicago through a policy issued by defendants. (Am. Compl. ΒΆ 8.) In relevant part, the policy states:

4. Our Settlement Options
In the event of a covered loss, we have the option to:
a) repair, rebuild or replace all or any part of the damaged, destroyed or stolen property with property of like kind and quality within a reasonable time; or
b) pay for all or any part of the damaged, destroyed or stolen property as described in Condition 5....
....
5. How We Pay For A Loss
... [P]ayment for covered loss will be by one or more of the following methods:
....
b) Actual Cash Value. If you do not repair or replace the damaged, destroyed or stolen property, payment will be on an actual cash value basis. This means there may be a deduction for depreciation....
....
c) Building Structure Reimbursement.... [W]e will make additional payment to reimburse you for cost in excess of actual cash value if you repair, rebuild or replace damaged, destroyed or stolen covered ...

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