Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Doe v. Insurance Services Office, Inc.

United States District Court, D. Nevada

December 30, 2019

JANE DOE, Plaintiff,
v.
INSURANCE SERVICES OFFICE, INC., et al ., Defendants.

          ORDER

          ELAYNA J. YOUCHAH, UNITED STATES MAGISTRATE JUDGE.

         Plaintiff Jane Doe is proceeding in this action pro se and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. ECF No. 1. Plaintiff also attached a Complaint to her in forma pauperis application. ECF No. 1-1.

         I. IN FORMA PAUPERIS APPLICATION

         Plaintiff submitted the declaration required by 28 U.S.C. § 1915(a) showing an inability to prepay fees and costs or give security for them. Therefore, the Court grants Plaintiff's request to proceed in forma pauperis.

         II. FACTUAL BACKGROUND

         Although the Court does not screen Plaintiff's claims today, it may prove helpful to read the following excerpt from Plaintiff's Complaint to ascertain her version of the underlying events:

Plaintiff was in an accident while working her delivery job in January 2019. She had a van that was paid for [and] in great mechanical shape . . . . She was . . . on her way to pick up a customer[']s order and was going straight with no duty to yield and the at fault party who did have a duty to yield failed to do so. Plaintiff[']s van was totaled out less her deductible because Geico put Plaintiff under heavy investigation because ISO [Insurance Services Office, Inc.] said they should and refused to pay and still does[]. Plaintiff had to get an expensive rental car and take a car note which is very expensive out on another car. Geico eventually was sued by Plaintiff[']s insurer Nevada Direct and agreed to pay them for the cost of the van and Plaintiff[']s deductible but conveniently claimed it was still not an acceptance of liability. Plaintiff and her kids and husband who were all in the car found an attorney. The attorney heard [their] case and talked with [them] and signed [them] up. Then Geico learned of [them] being represented and went to the attorney[']s office accusing Plaintiff of fraud and [threatening] a criminal investigation. Gail [a Geico representative] . . . said Plaintiff would be arrested soon. . . . The attorney[s] called Plaintiff and said they would no longer represent Plaintiff because of Geico[']s statement about Plaintiff. Geico got the information from ISO and agreed with them. . . . Geico even told Plaintiff's law[]yer at the time that a prior accident in October with a Geico insurer was the exact same accident, in the same place, with the same exact people and even that the damage on the van was exactly the same which is a fabricated lie that Geico came up with in conjunction with ISO.

         ECF No. 1-1 at 8. Plaintiff now brings defamation and defamation per se claims as to Defendant ISO (ECF No. 1-1 at 7); defamation and defamation per se claims as to Defendant Geico (id. at 8); civil conspiracy claims as to ISO and Geico (id. at 9); intentional infliction of emotional distress (“IIED”) claims as to ISO and Geico (id. at 9-10); and, an intentional interference with contractual relations claim as to Geico (id. at 10).

         III. JURISDICTION

         Federal courts are courts of limited jurisdiction and possess only that power authorized by the Constitution and statute. Rasul v. Bush, 542 U.S. 466, 489 (2004). Pursuant to 28 U.S.C. § 1332(a)(1), federal courts have original jurisdiction over “all civil actions where the matter in controversy exceeds the sum or value of $75, 000, exclusive of interest and costs, and is between citizens of different States.”

         With respect to citizenship of the parties, 28 U.S.C. § 1332(c)(1)(A)-(C) clarifies that:

a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business, except that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of every State and foreign state of which the insured is a citizen; every State and foreign state by which the insurer has been incorporated; and the State or foreign state where the insurer has its principal place of business.

         Here, Plaintiff's Complaint states that she is a citizen of Nevada (ECF No. 1-1 at 3); ISO is incorporated in Delaware and has its principal place of business in New Jersey (id. at 4); and, Geico is incorporated in Maryland and has its principal place of business in Maryland (id. at 5).[1] Moreover, Plaintiff's suit does not constitute a “direct action” against the insurer of a policy or contract of liability insurance:

[C]ourts have uniformly determined that a direct action exists only where a third-party tort victim forgoes suing the tortfeasor in favor of instead suing the tortfeasor's liability insurer directly. . . . Thus, unless the cause of action urged against the insurance company is of such a nature that the liability sought to be ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.