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Impossible to Sue Insurers who are Part of the Same Group of Insurers  

John R. Parrish sued alleging claims for breach of contract, breach of  the duty of good faith and fair dealing, and fraud against the three  defendant insurance companies. The claims arose out of defendants\'  handling of an insurance claim submitted by plaintiff for storm damage  to his home.  In John R. Parrish v.  Liberty Mutual Insurance Company, et al., No.  CIV-22-0802-HE, United States District Court, W.D. Oklahoma (November  18, 2022) the homeowner\'s policy that plaintiff relies on was issued by  defendant American Economy Insurance Company. 

The other two defendants,  Liberty Mutual Insurance Company and Safeco Insurance Company of  America, are alleged to have handled various dealings with plaintiff and  to have participated in the claims handling process.  All three defendants moved to dismiss the purported fraud claim arguing  that Oklahoma law does not recognize a fraud claim in the alleged  circumstances. Defendants Liberty Mutual and Safeco also moved to  dismiss the contract and bad faith claims as to them since they did not  insure Parrish.  A court will grant a motion to dismiss if the complaint fails to allege  enough facts to state a claim to relief that is plausible on its face.  The court accepts all well-pleaded factual allegations of the complaint  as true and views them in the light most favorable to the nonmoving  party. A claim is facially plausible when the plaintiff pleads factual  content that allows the court to draw the reasonable inference that the  defendant is liable for the misconduct alleged.  

THE FRAUD CLAIM  Claims for fraud in the inducement of the contract or as to the types  and amount of coverage are examples of fraud allegations allowed with  regard to insurance matters in Oklahoma. But that is not the  circumstance alleged by Parrish. The petition raised no issue as to the  formation of the insurance contract involved.