Partial dismissal of the insured's complaint seeking consequential damages for the insurer's bad faith was granted by the court. Bryant v. General Cas. Co., 2019 U.S. Dist. LEXIS 15369 (N.D. N.Y. Jan. 30, 2019).

    Bryant purchased from General Casualty Company of Wisconsin (GCCW) a commercial property and casualty policy to cover the insured premises. While the building was rented to a tenant who operated a restaurant, it sustained a collapse. GCCW refused to cover the loss. Bryant sued. In addition to the cost of repairing and replacing the damage to the property, Bryant alleged he was out the value of rental revenue from his tenant, which was forced to close the restaurant and relocated as a result of the unrepaired damage. 

    In the original complaint, Bryant sued for breach of contract and breach of the implied covenant of good faith and fair dealing. GWWC moved to dismiss the consequential damages claim. In the amended complaint, the second count was eliminated, suggesting that he was not pursuing a separate bad faith claim. Further, the amended complaint was for a single count and did not plausibly allege facts sufficient to sustain a claim of bad faith arising from GCCW's breach of the implied covenant of good faith and fair dealing. The allegations accused GWWC of not satisfying the claim in the amount, or on the precise timeline, that Bryant thought was appropriate under the circumstances. The allegations, if accepted as true, plausibly amounted to GCCW's alleged non-performance of its obligations under the policy. They did not, however, amount to additional, bad faith behavior that would warrant compensation beyond the policy limits. 

    Therefore, the amended complaint did not plausibly alleged bad faith and Bryant's claim for consequential damages was dismissed