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Insurance
Failure to Pay

Dustin Migues v. State Farm Insurance Companies Fire Claims

Published: Apr. 19, 2024 | Result Date: Jul. 6, 2023 | Filing Date: Jan. 4, 2023 |

Case number: 3:23-cv-00027-RS Bench Decision –  Defendant

Judge

Richard Seeborg

Court

USDC Northern District of California


Attorneys

Plaintiff

Pro Se


Defendant

Stephen P. Ellingson
(Hayes, Scott, Bonino, Ellingson, Guslani, Simonson & Clause LLP)


Facts

Dustin Migues had a "Renters Policy" with State Farm Insurance Companies Fire Claims. Proceeding pro se, Migues sought compensation under the policy's Loss of Use coverage.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that after his residence was purchased by San Francisco's Department of Homelessness and Supportive Housing, he was unable to use his residence because of certain City and County of San Francisco actions.

DEFENDANT'S CONTENTIONS: Defendant argued that though plaintiff described personal history and wrongs committed against him, his complaint failed to specifically allege facts that would support a claim that his residence was made uninhabitable by any loss covered by the policy.

Result

After allowing plaintiff to amend his complaint, the court dismissed plaintiff's second amended complaint with no further leave to amend.


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