Facts

Richard Heller, as trustee for The Heller Trust, sued American States Insurance Co. (ASIC) and Maryann Mull, involving a contractual dispute.

PLAINTIFF'S CONTENTIONS:
Plaintiff owned rental properties insured by defendant ASI under a commercial insurance policy. On May 23, 2012, plaintiff sustained damages due to fire and filed a claim with ASIC. ASIC retained Mull, a consultant, to determine plaintiff's loss. Mull, however, ignored and continued to ignore data plaintiff had provided. Consequently, ASIC denied plaintiff's claim, prompting this lawsuit. Plaintiff alleged causes of action for breach of contract; breach of the implied covenant of good faith and fair dealing; and violation of Business & Professions Code Section 17200 et seq.

DEFENDANTS' CONTENTIONS:
ASIC moved for summary judgment, arguing, among other things, that it had no duty to pay further loss of rent to plaintiff because plaintiff failed to demonstrate actual loss of rent above those already paid by ASIC and another insurer. ASIC also contended that plaintiff's extra expense benefits were not covered under the policy. It also denied plaintiff's bad faith claim.

Result

Ultimately, the court granted summary judgment in ASIC's favor in its entirety.

Other Information

FILING DATE: Dec. 18, 2015.