MEMORANDUM OPINION AND ORDER
KYLE, District Judge.
Introduction
On a January afternoon, Peter Swanson's automobile fell through the ice of a northern Minnesota lake. Swanson called his auto insurer, Defendant Allstate Insurance Company ("Allstate"), to inquire whether his insurance would pay for the removal of his car from the lake and he was told erroneously that his loss was not covered under his insurance policy.
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