This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Insurance
Bad Faith
Breach of Contract

Wesley A. Schwartz v. Progressive Halcyon Insurance Company, and Does 1 through 50, inclusive

Published: Feb. 18, 2017 | Result Date: Jan. 26, 2017 | Filing Date: Jan. 1, 1900 |

Case number: BC607156 Summary Judgment –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Michael J. Gulden
(Gulden & Associates Inc.)


Defendant

Katherine L. Curtis
(Knapp, Petersen & Clarke)

Julia H. Azrael
(Nemecek & Cole)

John S. Curtis
(Law Offices of Julia Azrael)


Facts

Plaintiff Wesley Schwartz filed suit against Progressive Halcyon Insurance Co. in relation to his policy.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that his mother was an approved driver under his automobile policy with defendant. After his mother died in a fatal car accident, plaintiff attempted to get information regarding coverage from defendant but defendant refused to provide him with policy details and documents. Despite repeated efforts, defendant refused any policy details or payment information. Eventually, plaintiff learned that his policy limits were far greater than what defendant had represented to him years earlier and consequently, plaintiff was entitled to additional compensation that defendant never intended to pay him.

In his second amended complaint, plaintiff asserted causes of action against defendant insurance company for breach of contract, fraud, and insurance bad faith.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff's claims were barred by the statute of limitations and that he could not establish that it breached any agreement, withheld benefits, or was guilty of fraud.

Result

The court granted defendant's motion for summary judgment.

Other Information

FILING DATE: Jan. 13, 2016.


#113354

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390