This case was last updated from PACER on 09/16/2021 at 11:22:07 (UTC).

Kornell et al v. State Farm Insurance Company

Case Summary

On June 28,2021, Plaintiffs Thomas Kornell, Holly Weber, and Elaine Kornell (collectively, “Plaintiffs”) filed a contract - insurance lawsuit against State Farm Insurance Company, represented by Shelley W. Coleman Of Butler Snow, LLP for alleged breach of contract and alleged unfair business practices. This case was filed in the U.S. District Court for the Western District of North Carolina with W. Carleton Metcalf and Martin Reidinger presiding. 

 

In the complaint, the Plaintiff alleged “Plaintiffs and Defendant entered into a valid and enforceable insurance contract, bearing policy number 33-C9-F747-2 (hereinafter, the “policy”) that was in full force and effect at the time and date of the subject loss. The policy provided coverage and reimbursement for certain events, including but not limited to hail, wind, and water damages to the subject property.”

 

The Plaintiff further alleged “On or about May 4, 2019, the Plaintiffs’ home and other structures located on the Plaintiffs’ property suffered damage as a result of a storm, namely a hailstorm and a thunderstorm, resulting in water damage at various places and to structures located on the Plaintiffs’ property.”

 

The Plaintiff also alleged “Upon discovery of the damage, Plaintiff notified the Defendant of the loss and filed a claim under the active insurance policy. Defendant investigated the damages and losses at the property and failed to indemnify Plaintiffs for the covered losses and damages. The Defendant had failed to act in a way that shows an attempt in a good faith to effectuate prompt, fair, and equitable settlements of the Plaintiff’s claim.”

 

There are two claims for relief laid down by the Plaintiff. The first is for alleged breach of contract. The second is for alleged unfair acts and practices under N.C.G.S. § 75-1.1.

 

In the prayer for relief, the Plaintiff requests the Court to award the Plaintiffs damages from the Defendant in excess of twenty-five thousand dollars as compensatory damages for breach of contract and as damages for unfair or deceptive trade practices together with interest as allowed by law. The Plaintiff also requests that the amount of damages be trebled pursuant to N.C. Gen. Stat. § 75-1.1 as well as the costs of his action including reasonable attorney fees and all such other relief as the Court deems just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00167

  • Filing Date:

    06/28/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

Judge Details

Presiding Judge

Martin Reidinger

Referral Judge

W. Carleton Metcalf

 

Party Details

Plaintiffs

Elaine Kornell

Clermont, FL 34714

Thomas Kornell

Clermont, FL 34714

Holly Weber

Clermont, FL 34714

Defendants

State Farm Insurance Company

State Farm Fire and Casualty Company

Attorney/Law Firm Details

Plaintiff Attorney

Michael Christopher Schehr

Attorney at Schehr Law PLLC

2801 Crisman St., Ste. 300-B

Charlotte, NC 28208

Defendant Attorneys

Shelley Walters Coleman

Attorney at Butler Snow, LLP

6752 Rock Spring Road, Suite 310

Wilmington, NC 28405

J. Scott Lewis

Attorney at Butler Snow, LLP

6752 Rock Spring Road, Suite 310

Wilmington, NC 28405

 

Court Documents

#10

(#10) STIPULATION Joint - of Dismissal with prejudice of Additional Plaintiffs by State Farm Fire and Casualty Company (Lewis, J.) (Entered: 09/02/2021)

#9

(#9) Pretrial Order and Case Management Plan: Estimated Trial Time: 4 days. Discovery due by 5/16/2022. Motions due by 6/14/2022. Mediator Designated: Andy Lax. Mediation deadline set for 5/31/2022. Jury Trial set for 11/14/2022 09:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. Signed by Magistrate Judge W. Carleton Metcalf on 9/2/2021. (kby) (Entered: 09/02/2021)

#8

(#8) Joint CERTIFICATION of initial attorney conference and discovery plan (Coleman, Shelley) (Entered: 08/13/2021)

#7

(#7) ANSWER to #5 Amended Complaint by State Farm Fire and Casualty Company.(Lewis, J.) (Entered: 08/02/2021)

6 #1

Proposed Order proposed Order granting extension to answer

#6

(#6) Consent MOTION for Extension of Time to Answer re: #5 Amended Complaint by State Farm Fire and Casualty Company. (Attachments: #1 Proposed Order proposed Order granting extension to answer) (Lewis, J.). Motions referred to W. Carleton Metcalf. (Entered: 07/01/2021)

#5

(#5) AMENDED COMPLAINT with Jury Demand against State Farm Insurance Company, filed by Elaine Kornell, Holly Weber, Thomas Kornell.(tlj) (Entered: 06/30/2021)

#4

(#4) NOTICE of Appearance by Shelley Walters Coleman on behalf of State Farm Insurance Company (Coleman, Shelley) (Entered: 06/28/2021)

#3

(#3) Corporate Disclosure Statement by State Farm Insurance Company (Lewis, J.) (Entered: 06/28/2021)

#2

(#2) NOTICE of Appearance by J. Scott Lewis on behalf of State Farm Insurance Company (Lewis, J.) (Entered: 06/28/2021)

1 #2

Exhibit 2 - Notice of Filing of Notice of Removal

1 #1

Exhibit 1 -Docs served on Defendant

#1

(#1) NOTICE OF REMOVAL with Jury Demand from McDowell County Superior Court, case number 21 CVS 313. (Filing fee $ 402 receipt number 0419-5093930), filed by State Farm Insurance Company. (Attachments: #1 Exhibit 1 -Docs served on Defendant, #2 Exhibit 2 - Notice of Filing of Notice of Removal)(Lewis, J.) (Entered: 06/28/2021)

3 More Documents Available
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Docket Entries

  • 09/02/2021
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  • Docket(#10) STIPULATION Joint - of Dismissal with prejudice of Additional Plaintiffs by State Farm Fire and Casualty Company (Lewis, J.) (Entered: 09/02/2021)

    Read MoreRead Less
  • 09/02/2021
  • View Court Documents
  • Docket(#9) Pretrial Order and Case Management Plan: Estimated Trial Time: 4 days. Discovery due by 5/16/2022. Motions due by 6/14/2022. Mediator Designated: Andy Lax. Mediation deadline set for 5/31/2022. Jury Trial set for 11/14/2022 09:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. Signed by Magistrate Judge W. Carleton Metcalf on 9/2/2021. (kby) (Entered: 09/02/2021)

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  • 09/02/2021
  • DocketMinute Entry: PRETRIAL CONFERENCE held before Magistrate Judge W. Carleton Metcalf. Plaintiffs attorney: Chris Schehr. Defendants attorney: Shelley Coleman. An initial pretrial conference was held by video conference on September 2, 2021 with Chris Schehr participating on behalf of Plaintiffs Thomas Kornell, Holly Weber, and Elaine Kornell and Shelley Coleman participating on behalf of Defendant State Farm Fire and Casualty Company. A pretrial order will issue. (kkb) (Entered: 09/02/2021)

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  • 08/20/2021
  • DocketNOTICE of Hearing:Initial Pretrial Conference (by video) set for 9/2/2021 10:30 AM in Chambers before Magistrate Judge W. Carleton Metcalf. The Clerk will contact parties separately with connection information. This is your only notice - you will not receive a separate document.(kby) (Entered: 08/20/2021)

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  • 08/13/2021
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  • Docket(#8) Joint CERTIFICATION of initial attorney conference and discovery plan (Coleman, Shelley) (Entered: 08/13/2021)

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  • 08/02/2021
  • DocketNOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 8/23/2021. (kby) (Entered: 08/02/2021)

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  • 08/02/2021
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  • Docket(#7) ANSWER to #5 Amended Complaint by State Farm Fire and Casualty Company.(Lewis, J.) (Entered: 08/02/2021)

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  • 07/02/2021
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  • DocketTEXT-ONLY ORDER granting #6 Motion for Extension of Time to Answer. State Farm Fire and Casualty Company answer due 8/3/2021. Text of Order: ORDER: The Motion for Enlargement of Time to Answer is GRANTED, and the deadline for Defendant to answer or otherwise respond to Plaintiffs' Amended Complaint is EXTENDED by twenty (20) days, through and including August 3, 2021. So Ordered. Entered by Magistrate Judge W. Carleton Metcalf on 7/2/2021. (kkb) (Entered: 07/02/2021)

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  • 07/01/2021
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  • Docket(#6) Consent MOTION for Extension of Time to Answer re: #5 Amended Complaint by State Farm Fire and Casualty Company. (Attachments: #1 Proposed Order proposed Order granting extension to answer) (Lewis, J.). Motions referred to W. Carleton Metcalf. (Entered: 07/01/2021)

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  • 07/01/2021
  • DocketSet/Reset Deadlines: State Farm Fire and Casualty Company answer to Amended Complaint due 7/14/2021. (khm) (Entered: 07/01/2021)

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  • 06/30/2021
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  • Docket(#5) AMENDED COMPLAINT with Jury Demand against State Farm Insurance Company, filed by Elaine Kornell, Holly Weber, Thomas Kornell.(tlj) (Entered: 06/30/2021)

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  • 06/29/2021
  • DocketSet Deadlines/Hearings: State Farm Insurance Company answer due 7/6/2021. (khm) (Entered: 06/29/2021)

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  • 06/28/2021
  • DocketCase assigned to Chief Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (rhf) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#4) NOTICE of Appearance by Shelley Walters Coleman on behalf of State Farm Insurance Company (Coleman, Shelley) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#3) Corporate Disclosure Statement by State Farm Insurance Company (Lewis, J.) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#2) NOTICE of Appearance by J. Scott Lewis on behalf of State Farm Insurance Company (Lewis, J.) (Entered: 06/28/2021)

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  • 06/28/2021
  • View Court Documents
  • Docket(#1) NOTICE OF REMOVAL with Jury Demand from McDowell County Superior Court, case number 21 CVS 313. (Filing fee $ 402 receipt number 0419-5093930), filed by State Farm Insurance Company. (Attachments: #1 Exhibit 1 -Docs served on Defendant, #2 Exhibit 2 - Notice of Filing of Notice of Removal)(Lewis, J.) (Entered: 06/28/2021)

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