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)
Defendant
Seymour B. Everett III
(Everett Dorey LLP)
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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