Vrba v. Allstate Insurance Co., 2:20-cv-02077

Plaintiff purchased an Allstate homeowner’s policy in 2013; on January 7, 2014 frozen pipes burst and caused extensive water damage.
Plaintiff promptly filed a claim; Allstate’s adjuster provided an initial estimate and indicated Plaintiff should retain a contractor (Allstate provided recommended vendors).
Plaintiff hired a contractor who began repairs (personally advancing funds), disputed Allstate’s estimate, had trouble getting Wells Fargo to pay invoices, and died before finishing repairs; Plaintiff did not hire a replacement.
Plaintiff sued Allstate in January 2015 but voluntarily dismissed the suit without prejudice in April 2015; Wells Fargo later issued a $20,000.89 check to Plaintiff’s attorney for repairs.
In August 2015 mold tests were positive; Plaintiff and her husband sought medical care and Plaintiff alleges loss of her home and bankruptcy related to Allstate’s handling.
Plaintiff filed the present action in January 2020 asserting negligence, breach of contract, negligent infliction of emotional distress (NIED), and Tennessee Consumer Protection Act (TCPA) claims; Allstate moved to dismiss as time-barred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the negligence, NIED, and TCPA claims time-barred?	Claims arise from 2014–15; plaintiff effectively concedes these claims are time barred.	Statutes of limitations expired (1 year for personal injury/TCPA; 3 years for property).	Court: Granted — negligence, NIED, and TCPA claims dismissed with prejudice.
Is the breach-of-contract claim barred by the Policy’s 1‑year contractual limitations?	Tennessee’s six‑year contract statute governs; plaintiff also contends the cited policy provision is ambiguous (points to a different policy section that lacks a 1‑year limit).	Policy contains a Section I clause requiring suit within one year of loss; that contractual limitation is enforceable.	Court: Denied dismissal — claim survives because it is unclear which policy provision applies and resolution at 12(b)(6) is premature.

Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading-standard framework for Rule 12(b)(6)).
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading must state a plausible claim for relief).
Williams v. Curtin, 631 F.3d 380 (6th Cir. 2011) (court considers factual allegations in complaint when assessing plausibility).
DIRECTV, Inc. v. Treesh, 487 F.3d 471 (6th Cir. 2007) (complaint must be construed in plaintiff's favor at pleading stage).
Lutz v. Chesapeake Appalachia, L.L.C., 717 F.3d 459 (6th Cir. 2013) (dismissal appropriate when complaint affirmatively shows claim is time‑barred).
Brick Church Transmission, Inc. v. South Pilot Ins. Co., 140 S.W.3d 324 (Tenn. Ct. App. 2003) (Tennessee enforces agreed contractual limitations periods in insurance policies).