FOSTER v. STATE FARM FIRE AND CAS. CO.

No. 11-3100.

674 F.3d 663 (2012)

Harry FOSTER, III and Linda Foster, Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 16, 2012.


Attorney(s) appearing for the Case

Thomas E. Hastings (argued), Attorney, The Hastings Law Firm, Indianapolis, IN, for Plaintiffs-Appellants.

Karl L. Mulvaney (argued), Attorney, Bingham Greenebaum Doll, LLP, Indianapolis, IN, for Defendant-Appellee.

Before FLAUM and TINDER, Circuit Judges, and SHADID, District Judge.


TINDER, Circuit Judge.

This case presents two issues, both under Indiana law: First, whether the Fosters breached their insurance contract with State Farm by failing to comply with a section titled "Your Duties After Loss" and, second, whether State Farm's delay in deciding the Fosters' claim was in bad faith and therefore tortious. The district court granted State Farm's motion for summary judgment. We affirm.

On January 3, 2009, while Harry and Linda Foster...

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