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Insurance
Bad Faith
Coverage Denied

Ramirez Pallets Inc. v. Risco Insurance Services Inc., Elena Hernandez, Harry W. Gorst Co. Inc., Gorst & Compass Insurance, Scottsdale Insurance Company

Published: Mar. 14, 2015 | Result Date: Oct. 10, 2014 | Filing Date: Jan. 1, 1900 |

Case number: CIVDS1307250 Summary Judgment –  Defense

Court

San Bernardino Superior


Attorneys

Plaintiff

Robert F. Schauer
(Law Offices of Robert F. Schauer)

Andrew J. Brownson


Defendant

Meka Moore

Seymour B. Everett III
(Everett Dorey LLP)

Chris C. Hossellman

David L. Martin
(Martin Law)


Facts

On May 4, 2014, a fire broke out at plaintiff Ramirez Pallets Inc. Plaintiff then filed a claim for benefits. Plaintiff later sued defendants Risco Insurance Services Inc., Elena Hernandez, Harry W. Gorst Co. Inc., Gorst & Compass Insurance, Scottsdale Insurance Co., claiming they provided insufficient coverage.

Contentions

PLAINTIFF'S CONTENTIONS:
Ramirez Pallet is a wooden pallet manufacturing business that was nearly destroyed by a five-alarm fire. Plaintiff claimed it sustained $2.5 million worth of damages. Plaintiff claimed it requested coverage for all potential losses.

DEFENDANT'S CONTENTIONS:
Defendant asserted that it procured the coverage requested, and did not have a duty to recommend additional coverage. Defendant Scottsdale asserted that it was not liable for any damages beyond the contractual benefits in the amount of $317,727. Defendant Gorst asserted that it provided the policy offered and it owed no duty to plaintiff Ramirez.

Result

Elena Hernandez and RISCO Insurance Services, Inc. filed a motion for summary judgment that was granted in its entirety, resulting in a defense judgment for these two parties. Scottsdale Insurance Co. settled with plaintiff for the contractual benefits of $317,727.

Other Information

FILING DATE: June 26, 2013.


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