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Insurance
Breach of Contract
Reformation, Equitable Subrogation

AIG Specialty Insurance Company, as successor in interest to Chartis Specialty Insurance Company, as subrogee of Swett & Crawford, in its capacity as Assignee of Norman Barnes, S.N. Barnes L.P. and S.N. Barnes Inc. v. Interstate Fire & Casualty Company and Does 1 through 5, inclusive

Published: Apr. 2, 2016 | Result Date: Feb. 23, 2016 | Filing Date: Jan. 1, 1900 |

Case number: CGC-14-542477 Summary Judgment –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Damien P. Lillis
(Lillis Pitha LLP)

James P. Goslee

Stewart L. Cohen

Martin L. Pitha
(Lillis Pitha LLP)


Defendant

Heather J. Zacharia

Samuel H. Ruby
(Bullivant Houser & Bailey PC)


Facts

Plaintiff brought a complaint against defendant for reformation, equitable subrogation and breach of contract.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that it was subrogated to the rights of its insured Swett & Crawford, an insurance broker. It claimed it paid $3 million to Swett's client for his liability arising from an automobile accident, but that Swett's client was underinsured due to Interstate's error in issuing the policy.

DEFENDANT'S CONTENTIONS:
Interstate contended that it was entitled to summary judgment because plaintiff had no standing to pursue its claims and because neither Swett nor its client had viable claims against Interstate.

Result

The court granted Interstate's motion for summary judgment.

Other Information

FILING DATE: Oct. 31, 2014.


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