APPENDIX 5 COMPLAINT FOR BREACH OF CONTRACT; BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

• Jurisdiction: United States
• Publication year: 2018

The following is an example of a complaint that can be used for an insured suing the insurer.

Plaintiff alleges:

First Cause of Action (Breach of Contract)

1. Plaintiff is ignorant of the true names and capacities of defendants sued as Does 1-100, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will amend this complaint to allege their true names and capacities when ascertained. Plaintiff is informed and believes and thereon alleges, that each of the fictitiously named defendants are responsible in some manner for the occurrences alleged, and that plaintiff's damages as alleged were caused by those defendants.

2. At all times herein mentioned, Defendant ABC Insurance Company (hereinafter "ABC") was and is a corporation qualified to transact business in this state.

3. At all times mentioned ABC was qualified to transact the business of insurance in this state.

4. Plaintiff is an individual residing in this state.

5. On or about January 1, 20__ ABC issued a policy of homeowners insurance to plaintiff that remained in effect through August 2, 20__. Plaintiff was named as insured by the policy issued by ABC.

6. On or about August 2, 20__ a burglary occurred at the home of the plaintiff at 1111 DEF Road, Anytown, Louisiana. A number of items of valuable personal property were taken in the burglary.

7. The burglary of personal property was a risk of loss insured against by ABC.

8. Plaintiff made claim to ABC and complied with all of the conditions precedent to obtaining the benefits of the policy and was entitled to receive the full replacement cost of the personal property taken in the burglary.

9. ABC breached the policy by refusing to pay anything to Plaintiff and Plaintiff suffered damage as a result of the breach.

Wherefore, Plaintiff prays for judgment as set forth below.

Second Cause of Action
(Breach of Implied Covenant of Good Faith and Fair Dealing)

10. Plaintiff incorporates paragraphs 1-9, inclusive of the Complaint as though fully set forth herein.

11. Among the items taken in the burglary from Plaintiff's residence were items including antiques, computers, printers, and works of art.

12. At the time of the burglary, Plaintiff, met with ABC's adjusters and provided ABC with the documents it needed to prove the amount of the loss.

13. On November 16, __, ABC wrote to Plaintiff and denied Plaintiff's claim claiming that Plaintiff had breached material conditions of the

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