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.
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