Greg Kawai v. State Farm Fire & Casualty Company, State Farm General Insurance Company, State Farm Insurance, Britannia Construction Inc. and Cal-Pacific Restoration
Published: Oct. 13, 2012 | Result Date: Mar. 6, 2012 | Filing Date: Jan. 1, 1900 |Case number: CIV 483007 Verdict – Defense
Court
San Mateo Superior
Attorneys
Plaintiff
Richard Wardell Loveland
(Coddington Hicks & Danforth)
Defendant
Experts
Plaintiff
Ronald J. Cook
(technical)
Defendant
Neal Bordenave
(technical)
Facts
Greg Kawai's unit suffered from water damage due to a plumbing leak from an upstairs neighbor. Repair work was performed, but it was apparently not fully paid for by the condominium unit owner's insurance carrier, administered by State Farm General Insurance Co. He then sued State Farm Fire & Casualty Co., State Farm General Insurance Co. and State Farm Insurance for breach of contract, breach of the implied covenant of good faith and fair dealing, as well as fraud.
Contentions
PLAINTIFF'S CONTENTION: Plaintiff contended that the damage to his apartment was reported to the insurer, but went unpaid due to the insurers' oversights and cover-ups.
DEFENDANTS' CONTENTIONS:
Defendants contended that all covered policy benefits were paid. Further, Defendant argued that any unpaid damages were the result of long-term leakage, seepage and/or mold that were excluded under the policy.
Damages
Kawai sought in excess of $7,600 in additional contract benefits, an unspecified amount in emotional distress, general damages, and attorney's fees.
Injuries
Kawai claimed he suffered from emotional distress brought on by his dealings with State Farm, but did not seek treatment for his alleged emotional distress.
Result
The jury returned a defense verdict.
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