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Contracts
Breach of Contract
Breach of the Covenant of Good Faith and Fair Dealing

Harvest Landscaping Enterprises Inc. v. Florists' Mutual Insurance Company Inc., and Does 1 to 50, inclusive

Published: Aug. 27, 2016 | Result Date: Aug. 4, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 30-2016-00836370-CU-BC-CJC Demurrer –  Defense

Court

Orange County


Attorneys

Plaintiff

Lev Zartarian

Jeffrey Weber


Defendant

D. Victoria LaBrie

Paul S. White
(Wilson Elser Moskowitz Edelman & Dicker LLP)


Facts

Harvest Landscaping Enterprises Inc. sued Florists' Mutual Insurance Co. Inc. involving a contractual dispute.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff asserted causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and bad faith, allegedly due to defendant's breach of duty not to settle a case that lacks merit and will result in higher premiums for the insured.

DEFENDANT'S CONTENTIONS:
Defendant demurred, challenging the sufficiency of plaintiff's allegations.

Result

The trial court sustained the demurrer.


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