Facts

Annette Burkart purchased a homeowners' policy from defendant The Insurance Place, a retail insurance agency, in June 2006. The policy, issued by defendant Topa Insurance Company, was for a home in a wooded area of San Diego County. In the application, the filer mistakenly transposed two numbers of the five-number street address, resulting in the policy being issued to an incorrect address.

In October 2007, the home burnt down during the Witch Creek Fire. Topa denied the claim as the policy had not been renewed and the renewal notice was sent to the incorrect address. Burkart submitted the claim to plaintiff Empire Fire & Marine Insurance, which paid her $792,000 for fire damages.

Burkart filed suit against Topa, its agent defendant Abram Insurance Services, her insurance agent defendant Ricardo Martinez, and his employer. Before trial, the parties reached a settlement for $625,000, but Empire filed an intervening complaint. Empire settled with Topa and Abrams for $50,000, and the trial proceeded against The Insurance Place.

Damages

Empire sought the $792,000 paid to Burkart.

Result

The court found in favor of the defense.

Other Information

Annette Burkart did not participate in trial.