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Insurance
Breach of Contract
Breach of Implied Covenant of Good Faith and Fair Dealing

Yun Matsuba v. Chicago Title Insurance Company, and Does 1 through 20, inclusive

Published: Apr. 5, 2014 | Result Date: Sep. 11, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 2:13-cv-03828-ABC-JEM Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

Ronald D. Tym


Defendant

Eric P. Early

Kevin S. Sinclair

Christopher I. Ritter


Facts

Yun Matsuba sued Chicago Title Insurance Co., for various causes of action related to an insurance policy issued by Chicago.

Contentions

PLAINTIFF'S CONTENTIONS:
In 2007, Matsuba obtained a home mortgage loan and acquired a house in Chatsworth. In 2008, Matsuba learned that title to the house was not in her name, and that she could not sell it. When Matsuba stopped paying off her loan, the bank initiated a judicial foreclosure against her. Matsuba then tendered an insurance claim to Chicago, based on an insurance policy she claimed to have with them. Chicago denied the claim because it did not issue any owner's policy of title insurance to her.

Matsuba then sued for breach of contract, breach of implied covenant of good faith and fair dealing, negligence, and quiet title.

DEFENDANT'S CONTENTIONS:
Chicago moved for summary judgment, arguing that it could not be held liable for breach of Matsuba's insurance policy and that Matsuba had failed to establish any actions in bad faith. Chicago also claimed it had not owed Matsuba a legal duty of care, and that Matsuba's case was barred by the statute of limitations.

Result

The court ruled in favor of Chicago, and awarded nothing to Matsuba.

Other Information

FILING DATE: May 29, 2013.


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