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)
Martin L. Pitha
(Lillis Pitha LLP)
Defendant
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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