Jacqueline Keller, Phillip Yaney v. Federal Insurance Company; Chubb Corporation aka Chubb Group of Insurance Companies; Chubb Limited, formerly known as Ace Limited, Successor-in-Interest by Merger to Defendants Federal Insurance Company and Chubb Corporation aka Chubb Group of Insurance Companies; and Does 1 through 50, inclusive
Published: Apr. 1, 2017 | Result Date: Feb. 13, 2017 | Filing Date: Jan. 1, 1900 |Case number: 2:16-cv-03946-GW-PJW Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Jacob N. Segura
(Jacob N. Segura ALC)
Defendant
Mary E. McPherson
(Tressler LLP)
Ryan B. Luther
(Tressler LLP)
Facts
Plaintiffs Jacqueline Keller and Phillip Yaney filed suit against various defendants in relation to their homeowners' insurance policy.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that their residence was damaged when the sewer backed up and human waste flowed into it. They claimed that defendants unlawfully failed and refused to pay them the insurance benefits due and owing them under their homeowners' insurance policy.
Plaintiffs asserted causes of action in their first amended complaint for breach of insurance contract, tortious breach of the covenant of good faith and fair dealing (insurance bad faith), tortious interference with insurance contract, violation of California Business and Professions Code section 17200 et seq., negligence, and declaratory relief.
DEFENDANTS' CONTENTIONS:
Federal Insurance Co. and Chubb INA Holdings Inc. contended in their motion for summary judgment that, among other things, plaintiffs failed to comply with the one-year statute of limitations set forth in the homeowners' insurance policy.
Result
The court granted defendants' motion.
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