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Contracts
Breach of Contract
Breach of Implied Covenant of Good Faith and Fair Dealing

Farzana Ahmed v. Wawanesa Insurance Company and Does 1 to 20

Published: Nov. 26, 2016 | Result Date: Nov. 8, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC585799 Summary Judgment –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Donald E. Iwuchukwu


Defendant

John D. Edson
(Sheppard, Mullin, Richter & Hampton LLP)


Facts

Plaintiff Farzana Ahmed filed suit against her insurer, Wawanesa Insurance Co., in connection with a collision that allegedly occurred on Aug. 19, 2013.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that her vehicle was rear-ended by a driver operating an Avis vehicle. She claimed that her insurer, Wawanesa, accused her of fraud and subjected her to a series of unreasonable investigations. Plaintiff performed all conditions under the parties' insurance agreement but Wawanesa failed to perform its obligations.

Plaintiff asserted causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing.

DEFENDANT'S CONTENTIONS:
Defendant contended in its motion for summary judgment that plaintiff made material misrepresentations about being in an accident and submitted a false claim. Furthermore, she refused to cooperate with defendant when it requested relevant information from her regarding the accident.

Result

The court granted defendant's motion.

Other Information

Plaintiff's counsel withdrew right before the hearing.


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