Tracy v. USAA Insurance Co.

2012 WL 928186 (2012)

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Tracy v. USAA Insurance Co.

United States District Court for the District of Hawaii
2012 WL 928186 (2012)

Facts

Barbara Tracy (plaintiff) owned a home in which she cultivated marijuana pursuant to Hawaii’s medical-marijuana law. Tracy bought a homeowners-insurance policy from USAA Casualty Insurance Company (USAA) (defendant). Several months after Tracy bought the insurance policy, several marijuana plants were stolen from her property. Tracy notified USAA of the loss and presented a claim for the value of the stolen plants, which totaled $45,600. USAA initially agreed to pay the claim and issued a check for a portion of the plants’ value. USAA later notified Tracy that it would make no further payments because the plants could not be lawfully replaced, and thus Tracy did not have an insurable interest in the plants. Tracy sued USAA for breach of contract and bad-faith denial of her insurance claim. USAA filed a motion for summary judgment, arguing that it was precluded from covering the loss of Tracy’s plants because doing so would be contrary to federal law and federal public policy.

Rule of Law

Issue

Holding and Reasoning (Kobayashi, J.)

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