Virginia B. Bayliss v. Fire Insurance Exchange, Farmers Group Inc., and Does 1 through 100
Published: Apr. 4, 2009 | Result Date: Nov. 18, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC381973 Bench Decision – Defense
Facts
On June 30, 2004, defendant Fire Insurance Exchange denied plaintiff Virginia B. Bayliss' homeowner insurance claim seeking reimbursement of attorney fees incurred after her adult daughter was accused of sexual battery. The plaintiff was charged with negligent supervision, as some of the alleged incidents occurred in her home. She was removed from the case on Jan. 5, 2007 and filed another claim with Fire Insurance, which was rejected.
The plaintiff sued Fire Insurance and Farmers Group Inc. for breach of contract for denying her claims. Farmers Group was later dismissed.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant should pay because negligent supervision was found and her actions were unintentional.
DEFENDANT'S CONTENTIONS:
The defendant contended that there was no negligence as plaintiff's daughter was an adult.
Damages
The plaintiff claimed $80,000 in fees.
Result
Summary judgment in favor of defendant.
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