Facts

Plaintiff Bernadette Smith owned property at 5267-5269 3rd Street in San Francisco since 1998. In 2003, Smith entered into a fiduciary relationship with defendants Barbara Scruggs-Love and George W. Jones Insurance Services in order to procure insurance for the property. Scruggs-Love and Jones Insurance agreed to act as Smith's broker and agent in the procurement of appropriate liability, fire, and casualty insurance; advance and protect Smith's best interests in procuring coverage at reasonable rates; and keep Smith informed of all matters regarding insurance coverage.

Following substantial fire damage to the property on April 9, 2007, Smith received a letter from an attorney representing Scruggs-Love. The letter stated that Smith's insurance coverage had been canceled for 2006-2007 at Smith's request, and that Smith had received and accepted the amount of the canceled premium.

Smith filed claims for breach of fiduciary duty, fraud, intentional misrepresentation, intentional infliction of emotional distress, breach of conduct and elder abuse.

PLAINTIFF'S CONTENTIONS:
Smith alleged that since 2002, Scruggs-Love and Jones Insurance had breached their fiduciary duties. Smith claimed that they charged her excessive premiums, submitted false invoices to her lender in order to collect inflated premiums and commissions, and failed to provide her with copies of annual policies.

Damages

Smith sought general, compensatory, and punitive damages.

Injuries

Smith claimed she suffered emotional distress.

Result

The parties reached a settlement.