Hanny Kay v. Expert One Insurance Agency Inc., Alliance United Insurance Company, and Does 1 to 10, inclusive
Published: Nov. 26, 2016 | Result Date: Oct. 26, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC609760 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Jeffrey E. Zinder
(Zinder & Koch)
J. Alan Frederick
(Marrone Robinson Frederick & Foster)
Facts
Hanny Kay sued Expert One Insurance Agency Inc. and Alliance United Insurance Co., involving allegations of fraud.
Contentions
PLAINTIFF'S CONTENTIONS:
On Oct. 24, 2014, plaintiff allegedly met with defendant Expert One and requested the exact amount of coverage she had on her policy and offered her the same coverage, including uninsured motorist coverage, for a rate better than what she was currently paying. However, the insurance she received through defendant actually did not include uninsured motorist. On Nov. 3, plaintiff was involved in a traffic collision and was severely injured. Defendants thereafter declined to issue coverage for underinsured motorist coverage. Plaintiff sued defendants for fraud by negligent misrepresentation and negligence. Plaintiff allegedly relied on defendants' representations that she was covered for such an event.
DEFENDANTS' CONTENTIONS:
Defendants filed separate demurrers, both challenging the sufficiency of plaintiff's allegations. Plaintiff allegedly failed to plead her fraud cause of action with specificity. Plaintiff's negligence claim likewise fails.
Result
The court sustained the demurrers without leave to amend.
Other Information
FILING DATE: Feb. 9, 2016.
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