Liao, et al. v. Frye Claims Consultation and Administration, Inc., et al.
Published: Oct. 27, 2012 | Result Date: Aug. 1, 2012 | Filing Date: Jan. 1, 1900 |Case number: CGC-11-516925 Bench Decision – Defense
Facts
Claimants' office equipment suffered water damage at insured's office building. When insurer denied Claimants' claim, Claimants sued insurance company and independent adjuster (collectively, Defendants) for breach of insurance contract and the implied covenant of good faith and fair dealing.
Defendants claimed that Claimants were not the insured, and that Claimants did not, and could not allege, that they were the insured, had an assignment of rights, or were third party beneficiaries under the policy. Therefore, Defendants argued Claimants had no standing to sue the insurance company or the independent adjuster.
Result
The Court agreed with Defendants' assertions that Claimants were not the insured. Further, the Court also agreed that Claimants, as a matter of law, had no claim against the independent adjuster.
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