§Why CasetextPricing

Daniels et al v. Allstate Insurance Company

MOTION to Dismiss Complaint for Failure to State a Claim [F.R.C.P. 12

69 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,343 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

  4. Whittlestone, Inc. v. Handi-Craft Co.

    618 F.3d 970 (9th Cir. 2010)   Cited 1,368 times   2 Legal Analyses
    Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief

  5. Waller v. Truck Ins. Exchange, Inc.

    11 Cal.4th 1 (Cal. 1995)   Cited 1,791 times   5 Legal Analyses
    Holding that, when extrinsic facts eliminate the potential for coverage, an insurer may decline to defend even if the complaint had suggested potential liability

  6. Warren v. Fox Family Worldwide, Inc.

    328 F.3d 1136 (9th Cir. 2003)   Cited 1,166 times   1 Legal Analyses
    Holding the court is "not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint."

  7. Montrose Chemical Corp. v. Superior Court

    6 Cal.4th 287 (Cal. 1993)   Cited 988 times   14 Legal Analyses
    Holding that an insurer may seek "summary adjudication that no potential for liability exists and thus that it has no duty to defend" based on extrinsic evidence

  8. Wilson v. 21st Century Ins. Co.

    42 Cal.4th 713 (Cal. 2007)   Cited 457 times   6 Legal Analyses
    Holding that insured had raised triable issue of fact as to whether insurer breached the covenant of good faith by failing to investigate insured's claim, where insured had presented medical evidence of degenerative spine disease resulting from trauma, and the insurer denied the claim without conducting any investigation on the basis of the unfounded opinion that the insured suffered from a preexisting degenerative disorder

  9. BJC Health System v. Columbia Casualty Co.

    478 F.3d 908 (8th Cir. 2007)   Cited 441 times   1 Legal Analyses
    Holding that Rule 9(b) requires a plaintiff to plead "the time, place and contents of false representations, as well as the identity of the person making the misrepresentation and what was obtained or given up thereby" and that "[i]n other words, the party must typically identify the who, what, where, when, and how of the alleged fraud"

  10. Love v. Fire Ins. Exchange

    221 Cal.App.3d 1136 (Cal. Ct. App. 1990)   Cited 565 times   2 Legal Analyses
    Holding bad faith occurs when the insurer withholds benefits unreasonably or without proper cause

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."