Tangle v. State Farm Ins. Cos.

• Decision Date: 14 September 2011
• Docket Number: No. 10-3913,10-3913
• Parties: RONALD TANGLE, Appellant v. STATE FARM INSURANCE COMPANIES
• Court: United States Courts of Appeals. United States Court of Appeals (3rd Circuit)

RONALD TANGLE, Appellant
v.
STATE FARM INSURANCE COMPANIES

No. 10-3913

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

September 12, 2011
Opinion Filed: September 14, 2011

NOT PRECEDENTIAL
Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 1-08-cv-00112) District Judge: Honorable Sean J. McLaughlin
Submitted Under Third Circuit LAR 34.1(a) September 12, 2011
Before: RENDELL, JORDAN and BARRY, Circuit Judges.
OPINION OF THE COURT

RENDELL, Circuit Judge.

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Plaintiff Robert Tangle appeals from the District Court's grant of summary judgment to State Farm on Plaintiff Tangle's breach of contract claim. We will affirm.¹

On May 16, 2007, Tangle's house was damaged in a fire. Tangle's property was insured by State Farm under a standard homeowner's policy. After the fire, Tangle submitted a claim to State Farm. On May 18, 2007, the Erie Bureau of Police reported to State Farm that Tangle was suspected of arson. An investigation by the Erie police and fire departments revealed the fire was ignited by a time-delay ignition device composed of a gasoline soaked electric blanket stuffed in a plastic container. Due to the suspicious nature of the fire, State Farm assigned Tangle's claim to its Special Investigation Unit, and hired an outside expert to investigate.

Between June and October 2007, State Farm contacted Tangle with a series of requests for documents and records relating to his claim. Tangle does not seriously contest that he was generally unresponsive to these requests, except with regards to a Personal Property Inventory ("PPI"), in which he documented an approximate loss of $37,983. On July 24, 2007, Tangle met with Dolak, a State Farm representative, who reviewed the PPI with Tangle. On August 20, 2007,

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State Farm sent a revised copy of the PPI to Tangle. The revisions indicated there were items State Farm was willing to pay for when the claim settled, and that there were "open" items on the list which needed further discussion before State Farm would pay for them.

On September 19, 2007, State Farm requested that Tangle submit to an examination under oath as part of its ongoing claim investigation. In subsequent letters to Tangle, State Farm explained the examination was necessary before his claim could be settled. After Tangle repeatedly failed to respond to State Farm's scheduling requests, they unilaterally scheduled the examination for November 19,

2007. Tangle eventually contacted State Farm about the examination, and at his request the examination was postponed until February 18, 2008.

On April 22, 2008, Tangle filed a two-count complaint against State Farm. The first count alleged State Farm had violated...