Globo Tech Industries, John Valerio v. Farmers Insurance Exchange, Truck Insurance Exchange, Farmers Insurance Group, Farmers Insurance Group of Companies, Maureen Carol Martinez, Maureen "Mo" Martinez, Richard Hurtado Martinez; Maureen Martinez Insurance Agency Inc., Maureen Martinez Insurance Agency Inc., Maureen Martinez Ins Agency Inc., and Doe
Published: Oct. 15, 2016 | Result Date: Aug. 24, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC469318 Summary Judgment – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Gregory B. Scher
(Woolls, Peer, Dollinger & Scher APC)
Katy A. Nelson
(Woolls, Peer, Dollinger & Scher APC)
Facts
Globo Tech Industries and John Valerio sued Farmers Insurance Exchange, Truck Insurance Exchange, Farmers Insurance Group, Farmers Insurance Group of Companies, Maureen Carol Martinez, Maureen "Mo" Martinez, Richard Hurtado Martinez, Maureen Martinez Insurance Agency Inc., Maureen Martinez Insurance Agency Inc., and Maureen Martinez Ins Agency Inc., involving a dispute over insurance coverage.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs filed an insurance claim with defendants, including defendant-insurer Truck Insurance, after its place of business was damaged in a fire. Defendants, however, denied plaintiffs' claim because an investigation allegedly revealed that the fire was caused by arson at the direction of Valerio, plaintiff-business' principal and owner. Plaintiffs then filed this lawsuit, alleging causes of action for breach of contract, breach of the covenant of good faith and fair dealing, and fraud.
DEFENDANTS' CONTENTIONS:
Defendant Truck Insurance moved for summary judgment and, in support of its motion, submitted evidence that the fire was caused by Valerio's deliberate act of arson. Defendant also submitted evidence of Valerio's conviction for arson, insurance fraud, and conspiracy to commit arson. Overall, defendant claimed that plaintiff could not prevail on any of its claim.
Result
The trial court granted summary judgment in favor of Truck Insurance.
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