Judge Fred Hirsh
Insurer Allstate moved to dismiss the action arguing no justiciable controversy existed. Aragona's vehicle was damaged in an accident. An appraiser advised Aragona the vehicle could be fixed for nearly $12,000, but when an agreement regarding repair costs could not be reached, Allstate declared the vehicle a total loss and paid Aragona the fair market value. Allstate deducted $1913.43 from Aragona's claim for overcharges by the repair shop. The court opined whether the offer by Allstate of a full settlement of the action deprived it of subject matter jurisdiction. It noted, contrary to Aragona's relief sought, that a party could not recover punitive damages on a claim for unfair settlement practices. Further, as Allstate already paid the sum Aragona was entitled to—the average retail value for a substantially similar vehicle as of the date of the loss—Aragona failed to offer evidence the amount Allstate paid when the vehicle was declared "totaled" was not the proper amount. The court noted even if the case were to proceed to trial and Aragona were to prevail, he would not recover anything more than Allstate already offered. Thus, as Aragona failed to show entitlement to damages in excess of the amount offered, Allstate's motion to dismiss was granted.