Preview
1 STEVEN F. ROMBERG SB 83739
2
Attorney at Law
94 7 Cass Street, Suite 1
3 Monterey, CA 93940
(831) 649-1361
4
(831) 649-8126 Facsimile
5 Email attyromberg@att.net
Attorney for Plaintiffs
6
7
8
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF MONTEREY
11
12 Steven F. Romberg and Kailee S. Romberg, Case No.:
13 Plaintiffs, COMPLAINT FOR DAMAGES
(Breach of Insurance Contract)
14 Vs.
(Amount demanded exceeds $25,000)
15 UNITED SERVICES AUTOMOBILE UNLIMITED CIVIL CASE
16 ASSOCIATION, DOES 1 through 10,
17 Defendant(s).
18
Plaintiff Steven F. Romberg and Kailee S. Romberg allege a cause of
19
action against Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION
20
as follows:
21
1. Each Plaintiff named above is a competent ad ult.
22
2. At all times mentioned in this complaint, Defendant United
23
Services Automobile Association (hereafter "USAA") was, and is, an
24
insurance company organized and existing under the laws of Texas,
25
domiciled in Texas, authorized to conduct business in California as a
26
Property and Casualty insurer since O7/01/1948, California Company ID
27
28 ///
Complaint for Damages Steven F. Romberg, Kailee S. Romberg v United Services Automobile Association 1 1
1 #1350-8, and authorized to transact, and transacting, business in
2 California as an automobile liability insurer.
3 3. Defendants DOES 1 through 10, inclusive, are sued herein under
4 fictitious names. Their true names and capacities are unknown to
5 Plaintiffs. When their true names and capacities are ascertained,
6 Plaintiffs will amend this complaint by inserting their true names and
7 capacities herein.
8 4. This Court is the proper Court because the collision and resultant
9 injury to person as further described herein, occurred in Pacific Grove,
10 Monterey County, California, within the jurisdiction of this Court.
11 5. At all times mentioned in this complaint, Plaintiff Steven F.
12 Romberg and Plaintiff Jean S. Romberg were the owners of a certain
13 2012 Chevrolet Sonic Automobile, California License Number 7CMA011
14 referred to below as "the automobile".
15 6. On or about August 4, 2017, in consideration of the payment of a
16 semi annual premium of $2193.31, made by Plaintiff Steven F. Romberg,
17 Defendant USAA, by its duly authorized agents, executed and delivered
18 to Plaintiff Steven F. Romberg in Pacific Grove, Monterey County,
19 California, an AUTOMOBILE POLICY PACKET bearing number 00081 47
20 94U 7101 4, referred to below as "the policy packet". A copy of the
21 policy packet is attached as Exhibit "A" and made a part hereof. A copy
22 of the complete policy, referred to below as "the policy", is attached as
23 Exhibit "B" and made a part hereof. The policy packet and the complete
24 policy (the policy) by their terms were effective from September 14,
25 2017 to March 04, 2018 .
26 7. Plaintiff Steven F. Romberg is the Named Insured under the policy
27 packet and the policy, and is the Natural Father of Plaintiff Kailee S.
28 Romberg.
Complaint for Damages Steven F. Romberg, Kailee S. Romberg v United Services Automobile Association 2 2
1 8. Plaintiff Kailee S. Romberg is a covered person and named under
2 OPERATORS on the CALIFORNIA AUTO POLICY RENEWAL
3 DECLARATIONS of the policy packet, attached as Exhibit "A", and of the
4 policy attached as Exhibit "B".
5 9. The policy packet attached as Exhibit "A" and the policy attached
6 as Exhibit "B" at all times mentioned in this complaint provided the
7 following coverage(s) on the CALIFORNIA AUTO POLICY RENEWAL
8 DECLARATIONS .:
9 PART C- UNINSURED MOTORISTS
10 BODILY INJURY EA PER $300,000
11 EA ACC $500,000
12 10. The policy, a copy of which is attached as Exhibit "B" provides in
13 PART C regarding UNINSURED MOTORISTS BODILY INJURY COVERAGE
14 (Referred to as UMBI Coverage) that UMBI Coverage includes
15 underinsured motorists coverage .
16 11. The policy, a copy of which is attached as Exhibit "B", further
17 provides as follows:
18 DEFINITIONS ...
19 B. "Covered person" as used in this Part means :
20 1. You or any family member.
21 2. Any other person occupying your covered auto.
22 3. Any person for damages that person is entitled
23 to recover because of BI to which this coverage
24 applies sustained by a person described in 1. or
25 2. above ....
26 E. Underinsured motor vehicle means a land motor
27 vehicle or trailer of any type to which a liability bond
28 or policy applies at the time of the accident but its
Complaint for Damages Steven F. Romberg, Kai lee S. Romberg v United Services Automobile Association 3 3
1 limit for bodily injury liability is less that the limit of
2 liability for this coverage.
3 12. The policy, a copy of which is attached as Exhibit "B", further
4 provides as follows :
5
6 INSURING AGREEMENT
7 A. UMBI Coverage.
8 1. We will pay compensatory damages which a
9 covered person is legally entitled to recover from
10 the owner or operator of an uninsured motor
11 vehicle or underinsured motor vehicle because of
12 BI sustained by a covered person and caused by
13 an auto accident.
14 2. The owner's or operator's liability for these
15 damages must arise out of the ownership,
16 maintenance, or use of the uninsured motor
17 vehicle or the underinsured motor vehicle ....
18 3. With respect to damages for BI caused by an
19 underinsured motor vehicle, this coverage does
20 not apply until the limits of bodily injury liability
21 bonds or policies applicable to all motor vehicles
22 causing the injury have been exhausted by
23 payment of judgments or settlements, and proof of
24 such is submitted to us.
25 13. On or about December 16, 2017, while the policy was in full force
26 and effect, Plaintiff Kailee S. Romberg suffered Bodily Injury (Bl) as
27 further set forth in this complaint as follows:
28 Ill
Complaint for Damages Steven F. Romberg, Kailee S. Romberg v United Services Automobile Association 4 4
1 (a) As stated in the report of the Pacific Grove Police
2 Department, report number PA1701728 initially dated 1/9/2018,
3 Sunset Drive in Pacific Grove, California is a public street, and intersects
4 with 17 mile drive which is a 5 way intersection controlled by posted
5 stop signs with a speed limit of 30 MPH. As stated in such report, the
6 collision consisted of a total of 4 vehicles.
7 (b) Vehicle 4 (V-4), a Toyota Camry, was on Sunset Drive
8 pointing in an Easterly direction and was stopped at the stop sign at the
9 intersection of Sunset Drive and 17 Mile Drive. Vehicle 3 (V-3), the
10 automobile (the 2012 Chevrolet Sonic) in which Kailee S. Romberg was
11 seated as passenger in the right front seat opposite Jean S. Romberg as
12 driver, was stopped behind the Toyota Camry. Vehicle 2 (V-2), a 2004
13 Toyota Prius which was driven by Melanie Hirschfield and occupied by
14 passengers Craig Hirschfield in the front passenger seat and Michele Hyta
15 in the rear passenger seat behind on the driver's side (hereafter "the
16 occupants of the 2004 Toyota Prius") was stopped behind Jean S.
17 Romberg and Kailee S. Romberg. All 3 of the aforementioned vehicles
18 were stopped, being Vehicle 4 the Toyota Camry at the stop sign, Vehicle
19 3 the automobile (the 2012 Chevrolet Sonic) behind the Toyota Camry,
20 and Vehicle 2 the 2004 Toyota Prius behind the automobile (the 2012
21 Chevrolet Sonic).
22 (c) Vehicle 2, the 2004 Toyota Prius was then collided by
23 Vehicle 1 (V-1), a 2004 Mercedes ML 350 driven by Justine Valentina Fite
24 (hereafter "Fite"), whose insurance carrier was USAA. Also in the 2004
25 Mercedes, was Tyler Shipley sitting in the front passenger seat, and Fite's
26 dog was also was in the back of Vehicle 1 (V-1).
27 ( d) According to the Pacific Grove Police Department report,
28 CAUSE section, the Officer believed that Fite was traveling at an unsafe
Complaint for Damages Steven F. Romberg, Kai lee S. Romberg v United Services Automobile Association 5 5
1 speed for conditions in violation of California Vehicle Code section
2 22350, and in the SUMMARY section stated Vehicle 1 rear-ended Vehicle
3 2, the 2004 Toyota Prius and due to this collision Vehicle 2 the 2004
4 Toyota Prius rear-ended the automobile (the 2012 Chevrolet Sonic)
5 Vehicle 3 and Vehicle 3 rear-ended the Toyota Camry, Vehicle 4.
6 14. USAA accepted liability for the collision, on behalf of their insured
7 Fite, the Owner and driver of the 2004 Mercedes Vehicle 1 (V-1).
8 15. Fite only had bodily injury coverage of $60,000.00 on her USAA
9 policy. The Lawyer for the occupants of the 2004 Toyota Prius, and
10 Steven F. Romberg, the Attorney for Plaintiff Kailee S. Romberg,
11 submitted medical payments information to the USAA adjuster assigned
12 at that time, which were far in excess of the $60,000.00 Policy Limits
13 which Fite carried as described above. USAA then tendered the
14 $60,000.00 Policy Limits under Fite's policy, and it was determined and
15 agreed by the injured parties to the collision, that Fite's passenger Tyler
16 Shipley would receive $500.00, Jean S. Romberg would receive $5,000.00,
17 Kailee S. Romberg would receive $3,000.00, and the balance of
18 $51,500.00 would be divided between the occupants of the 2004 Toyota
19 Prius described earlier in this complaint.
20 16. This arrangement for the payout of the $60,000.00 Policy Limits
21 was completed with USAA and a release was executed by Plaintiff Kailee
22 S. Romberg dated November 22, 2019, and a check to said Plaintiff dated
23 12/04/2019 in the amount of $3,000.00 was issued by USAA, copies of
24 both such documents of which are attached hereto as Exhibit "C".
25 17. As a proximate result of the collision as just described occurring
26 December 16, 2017, Plaintiff Kailee S. Romberg suffered Bodily Injury.
27 ///
28 Ill
Complaint for Damages Steven F. Romberg, Kailee S. Romberg v United Services Automobile Association 6 6
1 18. As a further proximate result of said collision occurring December
2 16, 2017, Plaintiff Kailee S. Romberg was required to seek and undergo
3 medical treatment for her Bodily Injury.
4 19. As a further proximate result of said collision occurring December
5 16, 2017, Plaintiff Kailee S. Romberg suffered medical expenses.
6 20. As a further proximate result of said collision occurring December
7 16, 2017, Plaintiff Kailee S. Romberg suffered general damages.
8 21. Plaintiffs allege on information and belief that upon receiving all of
9 the release documents from Tyler Shipley, the occupants of the 2004
10 Toyota Prius, Jean S. Romberg, Steven F. Romberg and Plaintiff Kailee S.
11 Romberg, Defendant USAA on December 4, 2019, paid the total sum of
12 $60,000.00 policy limits under Defendant USAA's policy with Fite, thus
13 exhausting the policy limits by payment of settlements, and allowing an
14 Underinsured Motorist Bodily Injury (hereafter "UMBI") Coverage claim
15 by Plaintiffs Steven F. Romberg and Kailee S. Romberg, as set forth
16 herein.
17 22. Thereafter, the California Supreme Court issued Judicial Council
18 Emergency Rule 9, which stated "Notwithstanding any other law, the
19 statutes of limitation and repose for civil causes of action that exceed
20 180 days are tolled from April 6, 2020, until October 1, 2020.". Such
21 Judicial Council Emergency Rule 9 applied to and did toll the statute of
22 limitations of Plaintiffs Steven F. Romberg and Kailee S. Rom berg's UMBI
23 claim versus Defendant USAA, from April 6, 2020 to October 1, 2020.
24 23. On or about April 18, 2022, Plaintiff Steven F. Romberg on behalf of
25 Plaintiff Kailee S. Romberg, submitted a demand letter to Defendant
26 USAA, setting forth the UMBI claim, with accompanying documentation,
27 and Plaintiffs Steven F. Romberg and Kailee S. Romberg have otherwise
28 Ill
Complaint for Damages Steven F. Romberg, Kai lee S. Romberg v United Services Automobile Association 7 7
1 performed all the terms and conditions of the policy on his/her part to be
2 performed, regarding such UMBI Claim.
3 24. On or about April 28, 2022 Defendant USAA denied that the value of
4 the UMBI Claim loss was in the amount and to the extent submitted by
5 Plaintiffs Steven F. Romberg and Kailee S. Romberg, and stated that it
6 would tender to Plaintiff Kailee S. Romberg a far lesser amount in full
7 satisfaction of the UMBI Claim, for bodily injury to Kailee S. Romberg.
8 Defendant USAA failed and refused, and continues to fail and refuse, to
9 pay to Plaintiff Kailee S. Romberg the fair value of the UMBI Claim for
10 such injuries.
11 25. As a proximate result of Defendant USAA's failure and refusal to
12 pay the fair value of the Underinsured Motorist Bodily Injury (UMBI)
13 Claim to Plaintiff Kailee S. Rom berg as herein alleged, Plaintiff Kailee S.
14 Romberg has been damaged in the sum of $6,165.00 or other such sum
15 according to proof for special damages. Such special damages consist of
16 (1) medical expenses for diagnosis and treatment, (2) transportation to
17 and from such medical treatment, and (3) lost wages for time taken off
18 work for medical treatment, and (4) cost of medical reports.
19 26. As a further proximate result of Defendant USAA's failure and
20 refusal to pay the fair value of the Underinsured Motorist Bodily Injury
21 (UMBI) Claim to Plaintiff Kailee S. Romberg as herein alleged, Plaintiff
22 Kailee S. Romberg has been damaged in the sum of $30,000.00 for general
23 damages, or other such sum according to proof.
24 WHEREFORE, Plaintiffs pray judgment against Defendant as
25 follows:
26 1. For special damages in the amount of $6,165.00, or other such sum
27 according to proof;
28 Ill
Complaint for Damages Steven F. Romberg, Kai lee S. Romberg v United Services Automobile Association 8 8
1 2. For general damages in the sum of $30,000.00, or other such sum
2 according to proof;
3 3. For costs of suit herein incurred; and
4 4. For such other and further relief as the Court may deem proper.
5
6 Dated: May JJ_, 2022
7
Steven F. Romberg, Attorne for Plaintiffs Steven
8
F. Romberg and Kailee S. Romberg
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Complaint for Damages Steven F. Romberg, Kailee 5. Romberg v United Services Automobile Association 9 9
Exhibit "A" 10
MAIL MCH-M-I
~
9800 Fredericlcsburg Road
San Antonio, Tex:is78288
USAA•
00958.3ZM4D.JSS1472443742.16.0l.611
STEVEN FROMBERG
245 WILLOW ST
PACIFIC GROVE CA 93950-3143
50871-0705
-~
11
THIS PAGE INTENTIONALLY LEFT BLANK
12
PAGE 1
MAIL MCH-M-1
V1392
"'
USAA• AUTOMOBILE POLICY PACKET
AUGUST 4, 2017
STEVEN FROMBERG
245 WILLOW ST
PACIFIC GROVE CA 93950-3143
USAA 00081 47 94 7101 4
POLICY PERIOD: EFFECTIVE SEP 04 2017 TO MAR 04 20 18
IMPORTANT M ESSAGES
Refer to your Declarations Page and endorsements to verify that coverages, limits, deductibles and other
policy details are correct and meet your insurance needs. Required information forms are also enclosed
for your review.
Check your vehicle for a safety recall today! Visit www.usaacom/autorecall
to learn more.
The Good Student Discount for an operator on your policy expires with this
policy renewal. However, you can continue to save money if the operator
requalifies for the discount by being a full-time student and maintaining
at least a B or 3.0 grade point average. Log on to usaa.com and select the
"Update Discount Information" to see if you're stillentitled to these
savings. Or you can call us at (800)531-USAA (8722).
For information about the available discounts and the factors we use to
determine premiums, please read the enclosed flier,"Information Used to
Determine Your Premium."
With this renewal, your premium has increased due to a rate change in your
state or because of your policy's individual risk characteristics. See your
Declarations for the new premium. Contact us if you have any questions.
If your estimated mileage for the coming year is different than the mileage
listed on your Declarations page, log on to usaacom, enter Auto Policy
Summary in Search and click Change Usage and Annual Mileage. Or, contact us
at the number below.
This is not a bill. Any premium charge or change for this policy will be reflected on your
next regular monthly statement Your current billing statement should still
be paid by
the due date indicated.
To receive this document and others electronically. or manage your Auto Policy onllne,
go to usaa.com.
For U.S. calls: Policy Service (800) 531-8111. Claims (800) 53 1-8222.
ACS1 49708-0406
13
PAGE 2
THIS PAGE INTENTIONALLY LEFT BLANK
14
PAGE 3
USAA 00081 47 94 7101 4
AUTOMOBILE POLICY PACKET CONTINUED
Your Uninsured Motorists Bodily Injury Coverage (UMBI) and Uninsured
Motorists Property Damage (UMPD) selection/rejection remains in effect You
may quote different coverage limits and make changes at any time to your
policy on usaa.com. Or you may callus at 1-800-531-USAA (8722).
You may exclude from coverage any operator who does not qualify for the
California Good Driver Discount Please refer to the enclosed flier,
"Information Used to Determine Your Premium."
TEXTING & DRIVING ... It Can Wait! Join USAA in the movement against
distracted driving by going to http:/ /itcanwait.usaa.com to watch powerful
videos and take the pledge to not text and drive!
Coverage exclusions apply when your vehicle is used in ride sharing. If you
need coverage for ride sharing activities, we're pleased to offer Ride
Share Gap Protection. Please contact us for more information or to obtain a
quote.
You may designate a third party to receive notice of policy cancellation or
nonrenewal by completing the attached form 40CA.
The Guaranteed Renewal Endorsement is no longer offered in your location.
For details, please review the enclosed Important Notice form.
USAA considers many factors when determining your premium. Maintaining
safe driving habits is one of the most important steps you can take in
keeping your premium as low as possible. A history of claim or driving
activity and your USAA payment history may affect your policy premium.
We have provided your ID cards in this packet You can use the cards
to show proof of insurance, if necessary.
ACS2 15
--- ----
PAGE 4
··- - - -~-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - b- ac -k ·- - - -- ----- ---·
CALIFORNIA EVIDENCE OF FINANCIAL RESPONSIBILITY
Name and Address of Insured NAIC 25941
California Evidence of Financial Responsibility
Keep this card.
STEVEN F ROMBERG
245 WILLOW ST IMPORTANT: The California Financial Responsibility Act
PACIFIC GROVE CA 93950-3143 (Section 16020) of the Vehicle Code requires every owner or
operator of a vehicle subject ·to the requirements of the
Financial Responsibility Act to carry evidence of financial
responsibility in the vehicle at all times. Under vehicle code
(Section 16028) every driver involved in an accident must
provide evidence of financial responsibility at the scene.
f Failure to comply is an infraction and shall be punishable by
0
fines, impoundment or license suspension.
STEVEN F ROMBERG 1
JEAN S ROMBERG d
MISS KAILEE S ROMBERG
Insurance Company
V E
Policy Number Effective Date Expiration Date
00081 47 94U 7101 4 09/04/17 03/04/18
Vehicle Make Vehicle IdentificationNumber Year Additional copies available at usaa.com
BUICK 434177H222136 1967
CONTACT US: 210-531-USAA(8722)
This policy providesat leastthe minimum amounts of liability
insurance·
requiredby the CA VEH CODE SECTION 16056 forthe specifiedvehicleand OR 800-531-USAA
named insureds and may providecoverage for other persons and other
vehiclesas providedby the insurancepolicy. 9800 FredericksburgRoad, San Antonio,
Texas 78288
California Automobile Insurance Identification Cards
We've issued two identification cards as evidence of liabilityinsurance for your vehicle(s).These cards are valid only as long
as liabilityinsurance remains in force. Keep a copy of the ID card in your vehicle at all times.
You may be required to produce your identification card at vehicle registration or inspection, when applying for a driver's
license. following an accident. or upon a law enforcement officer's request.
. 53CA 1 Rev. 06-13 08/04/17 55047-0513_02
--- ------------ -- --------------------- -----------------
16
PAGE 5
- - - - ., >-- - - - - - - - - - -- - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - - - 'b- a ck ·- - - - - - - - - - - - - -
CALIFORNIA EVIDENCE OF FINANCIAL RESPONSIBILITY
Name and Address of Insured NAIC 25941
California Evidence of Financial Responsibility
STEVEN F ROMBERG Keep this card.
JEAN S ROMBERG
245 WILLOW ST IMPORTANT: The California Financial Responsibility Act
PACIFIC GROVE CA 93950-3143 (Section 16020) of the Vehicle Code requires every owner or
operator of a vehicle subject to the requirements of the
Financial Responsibility Act to carry evidence of financial
responsibility in the vehicle at all times. Under vehicle code
(Section 16028) every driver involved in an accident must
provide evidence of financial responsibility at the scene.
f Failure to comply is an infraction and shall be punishable by
0
fines, impoundment or license suspension.
STEVEN F ROMBERG 1
JEAN S ROMBERG d
MISS KAILEE S ROMBERG
Insurance Company
T
Policy Number Effective Date Expiration Date
00081 47 94U 7101 4 09/04/17 03/04/18
Vehicle Make/ Vehicle IdentificationNumber Vear Additional copies available at usaa.com
CADILLAC 1G6DW52P2TR701827 1996
CONTACT US: 210-531-USAA(8722)
This policy providesat leastthe minimum amounts of liability
insurance
requiredby the CA VEH CODE SECTION 16056 forthe specifiedvehicleand . OR 800-531-USAA
named insureds and may provide coverage for other persons and other
vehiclesas providedby the insurancepolicy. 9800 FredericksburgRoad, San Antonio,Texas 78288
California Automobile Insurance ldentif ication Cards
We've issued two identificationcards as evidence of liabilityinsurance for your vehicle(s). These cards are valid only as long
as liabilityinsurance remains in force. Keep a copy of the ID card in your vehicle at all times.
You may be required to produce your identification card at vehicle registration or inspection, when applying for a driver's
license, following an accident, or upon a law enforcement officer's request.
53CA2 Rev. 06-13 08/04/17 55047-0513_02
•-r------------------------------------------ --- ------------------------------
17
PAGE 6
•..... - - -
···- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - b- ack --------------·
CALIFORNIA EVIDENCE OF FINANCIAL RESPONSIBILITY
Name and Address of Insured NAIC 25941 California Evidence of Financial Responsibility
STEVEN · F ROMBERG Keep this card.
JEAN S ROMBERG
245 WILLOW ST IMPORTANT: The California Financial Responsibility Act
PACIFIC GROVE CA 93950-3143 (Section 16020) of the Vehicle Code requires every owner or
operator of a vehicle subject to the requirements of the
Financial Responsibility Act to carry evidence of financial
responsibility in the vehicle at all times. Under vehicle code
(Section 16028) every driver involved in an accident must
provide evidence of financial responsibility at the scene.
f Failure to comply is an infraction and shall be punishable by
0
fines, impoundment or license suspension.
STEVEN F ROMBERG 1
JEAN S ROMBERG d
MISS KAILEE S ROMBERG
Insurance Company
Effective Date Expiration Date
00081 47 94U 7101 4 09/04/17 03/04/18
Vehicle Make Vehicle Identification Number Year Additional copies available at usaa.com
WINNEBAG WV3AB47062H088579 2003 CONTACT US: 2·10-531-USAA(8722)
This policy providesat leastthe minimum amounts of liability
insurance
requiredby the CA VEH CODE SEC
Preview
1 STEVEN F. ROMBERG SB 83739 2 Attorney at Law 94 7 Cass Street, Suite 1 3 Monterey, CA 93940 (831) 649-1361 4 (831) 649-8126 Facsimile 5 Email attyromberg@att.net Attorney for Plaintiffs 6 7 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF MONTEREY 11 12 Steven F. Romberg and Kailee S. Romberg, Case No.: 13 Plaintiffs, COMPLAINT FOR DAMAGES (Breach of Insurance Contract) 14 Vs. (Amount demanded exceeds $25,000) 15 UNITED SERVICES AUTOMOBILE UNLIMITED CIVIL CASE 16 ASSOCIATION, DOES 1 through 10, 17 Defendant(s). 18 Plaintiff Steven F. Romberg and Kailee S. Romberg allege a cause of 19 action against Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION 20 as follows: 21 1. Each Plaintiff named above is a competent ad ult. 22 2. At all times mentioned in this complaint, Defendant United 23 Services Automobile Association (hereafter "USAA") was, and is, an 24 insurance company organized and existing under the laws of Texas, 25 domiciled in Texas, authorized to conduct business in California as a 26 Property and Casualty insurer since O7/01/1948, California Company ID 27 28 /// Complaint for Damages Steven F. Romberg, Kailee S. Romberg v United Services Automobile Association 1 1 1 #1350-8, and authorized to transact, and transacting, business in 2 California as an automobile liability insurer. 3 3. Defendants DOES 1 through 10, inclusive, are sued herein under 4 fictitious names. Their true names and capacities are unknown to 5 Plaintiffs. When their true names and capacities are ascertained, 6 Plaintiffs will amend this complaint by inserting their true names and 7 capacities herein. 8 4. This Court is the proper Court because the collision and resultant 9 injury to person as further described herein, occurred in Pacific Grove, 10 Monterey County, California, within the jurisdiction of this Court. 11 5. At all times mentioned in this complaint, Plaintiff Steven F. 12 Romberg and Plaintiff Jean S. Romberg were the owners of a certain 13 2012 Chevrolet Sonic Automobile, California License Number 7CMA011 14 referred to below as "the automobile". 15 6. On or about August 4, 2017, in consideration of the payment of a 16 semi annual premium of $2193.31, made by Plaintiff Steven F. Romberg, 17 Defendant USAA, by its duly authorized agents, executed and delivered 18 to Plaintiff Steven F. Romberg in Pacific Grove, Monterey County, 19 California, an AUTOMOBILE POLICY PACKET bearing number 00081 47 20 94U 7101 4, referred to below as "the policy packet". A copy of the 21 policy packet is attached as Exhibit "A" and made a part hereof. A copy 22 of the complete policy, referred to below as "the policy", is attached as 23 Exhibit "B" and made a part hereof. The policy packet and the complete 24 policy (the policy) by their terms were effective from September 14, 25 2017 to March 04, 2018 . 26 7. Plaintiff Steven F. Romberg is the Named Insured under the policy 27 packet and the policy, and is the Natural Father of Plaintiff Kailee S. 28 Romberg. Complaint for Damages Steven F. Romberg, Kailee S. Romberg v United Services Automobile Association 2 2 1 8. Plaintiff Kailee S. Romberg is a covered person and named under 2 OPERATORS on the CALIFORNIA AUTO POLICY RENEWAL 3 DECLARATIONS of the policy packet, attached as Exhibit "A", and of the 4 policy attached as Exhibit "B". 5 9. The policy packet attached as Exhibit "A" and the policy attached 6 as Exhibit "B" at all times mentioned in this complaint provided the 7 following coverage(s) on the CALIFORNIA AUTO POLICY RENEWAL 8 DECLARATIONS .: 9 PART C- UNINSURED MOTORISTS 10 BODILY INJURY EA PER $300,000 11 EA ACC $500,000 12 10. The policy, a copy of which is attached as Exhibit "B" provides in 13 PART C regarding UNINSURED MOTORISTS BODILY INJURY COVERAGE 14 (Referred to as UMBI Coverage) that UMBI Coverage includes 15 underinsured motorists coverage . 16 11. The policy, a copy of which is attached as Exhibit "B", further 17 provides as follows: 18 DEFINITIONS ... 19 B. "Covered person" as used in this Part means : 20 1. You or any family member. 21 2. Any other person occupying your covered auto. 22 3. Any person for damages that person is entitled 23 to recover because of BI to which this coverage 24 applies sustained by a person described in 1. or 25 2. above .... 26 E. Underinsured motor vehicle means a land motor 27 vehicle or trailer of any type to which a liability bond 28 or policy applies at the time of the accident but its Complaint for Damages Steven F. Romberg, Kai lee S. Romberg v United Services Automobile Association 3 3 1 limit for bodily injury liability is less that the limit of 2 liability for this coverage. 3 12. The policy, a copy of which is attached as Exhibit "B", further 4 provides as follows : 5 6 INSURING AGREEMENT 7 A. UMBI Coverage. 8 1. We will pay compensatory damages which a 9 covered person is legally entitled to recover from 10 the owner or operator of an uninsured motor 11 vehicle or underinsured motor vehicle because of 12 BI sustained by a covered person and caused by 13 an auto accident. 14 2. The owner's or operator's liability for these 15 damages must arise out of the ownership, 16 maintenance, or use of the uninsured motor 17 vehicle or the underinsured motor vehicle .... 18 3. With respect to damages for BI caused by an 19 underinsured motor vehicle, this coverage does 20 not apply until the limits of bodily injury liability 21 bonds or policies applicable to all motor vehicles 22 causing the injury have been exhausted by 23 payment of judgments or settlements, and proof of 24 such is submitted to us. 25 13. On or about December 16, 2017, while the policy was in full force 26 and effect, Plaintiff Kailee S. Romberg suffered Bodily Injury (Bl) as 27 further set forth in this complaint as follows: 28 Ill Complaint for Damages Steven F. Romberg, Kailee S. Romberg v United Services Automobile Association 4 4 1 (a) As stated in the report of the Pacific Grove Police 2 Department, report number PA1701728 initially dated 1/9/2018, 3 Sunset Drive in Pacific Grove, California is a public street, and intersects 4 with 17 mile drive which is a 5 way intersection controlled by posted 5 stop signs with a speed limit of 30 MPH. As stated in such report, the 6 collision consisted of a total of 4 vehicles. 7 (b) Vehicle 4 (V-4), a Toyota Camry, was on Sunset Drive 8 pointing in an Easterly direction and was stopped at the stop sign at the 9 intersection of Sunset Drive and 17 Mile Drive. Vehicle 3 (V-3), the 10 automobile (the 2012 Chevrolet Sonic) in which Kailee S. Romberg was 11 seated as passenger in the right front seat opposite Jean S. Romberg as 12 driver, was stopped behind the Toyota Camry. Vehicle 2 (V-2), a 2004 13 Toyota Prius which was driven by Melanie Hirschfield and occupied by 14 passengers Craig Hirschfield in the front passenger seat and Michele Hyta 15 in the rear passenger seat behind on the driver's side (hereafter "the 16 occupants of the 2004 Toyota Prius") was stopped behind Jean S. 17 Romberg and Kailee S. Romberg. All 3 of the aforementioned vehicles 18 were stopped, being Vehicle 4 the Toyota Camry at the stop sign, Vehicle 19 3 the automobile (the 2012 Chevrolet Sonic) behind the Toyota Camry, 20 and Vehicle 2 the 2004 Toyota Prius behind the automobile (the 2012 21 Chevrolet Sonic). 22 (c) Vehicle 2, the 2004 Toyota Prius was then collided by 23 Vehicle 1 (V-1), a 2004 Mercedes ML 350 driven by Justine Valentina Fite 24 (hereafter "Fite"), whose insurance carrier was USAA. Also in the 2004 25 Mercedes, was Tyler Shipley sitting in the front passenger seat, and Fite's 26 dog was also was in the back of Vehicle 1 (V-1). 27 ( d) According to the Pacific Grove Police Department report, 28 CAUSE section, the Officer believed that Fite was traveling at an unsafe Complaint for Damages Steven F. Romberg, Kai lee S. Romberg v United Services Automobile Association 5 5 1 speed for conditions in violation of California Vehicle Code section 2 22350, and in the SUMMARY section stated Vehicle 1 rear-ended Vehicle 3 2, the 2004 Toyota Prius and due to this collision Vehicle 2 the 2004 4 Toyota Prius rear-ended the automobile (the 2012 Chevrolet Sonic) 5 Vehicle 3 and Vehicle 3 rear-ended the Toyota Camry, Vehicle 4. 6 14. USAA accepted liability for the collision, on behalf of their insured 7 Fite, the Owner and driver of the 2004 Mercedes Vehicle 1 (V-1). 8 15. Fite only had bodily injury coverage of $60,000.00 on her USAA 9 policy. The Lawyer for the occupants of the 2004 Toyota Prius, and 10 Steven F. Romberg, the Attorney for Plaintiff Kailee S. Romberg, 11 submitted medical payments information to the USAA adjuster assigned 12 at that time, which were far in excess of the $60,000.00 Policy Limits 13 which Fite carried as described above. USAA then tendered the 14 $60,000.00 Policy Limits under Fite's policy, and it was determined and 15 agreed by the injured parties to the collision, that Fite's passenger Tyler 16 Shipley would receive $500.00, Jean S. Romberg would receive $5,000.00, 17 Kailee S. Romberg would receive $3,000.00, and the balance of 18 $51,500.00 would be divided between the occupants of the 2004 Toyota 19 Prius described earlier in this complaint. 20 16. This arrangement for the payout of the $60,000.00 Policy Limits 21 was completed with USAA and a release was executed by Plaintiff Kailee 22 S. Romberg dated November 22, 2019, and a check to said Plaintiff dated 23 12/04/2019 in the amount of $3,000.00 was issued by USAA, copies of 24 both such documents of which are attached hereto as Exhibit "C". 25 17. As a proximate result of the collision as just described occurring 26 December 16, 2017, Plaintiff Kailee S. Romberg suffered Bodily Injury. 27 /// 28 Ill Complaint for Damages Steven F. Romberg, Kailee S. Romberg v United Services Automobile Association 6 6 1 18. As a further proximate result of said collision occurring December 2 16, 2017, Plaintiff Kailee S. Romberg was required to seek and undergo 3 medical treatment for her Bodily Injury. 4 19. As a further proximate result of said collision occurring December 5 16, 2017, Plaintiff Kailee S. Romberg suffered medical expenses. 6 20. As a further proximate result of said collision occurring December 7 16, 2017, Plaintiff Kailee S. Romberg suffered general damages. 8 21. Plaintiffs allege on information and belief that upon receiving all of 9 the release documents from Tyler Shipley, the occupants of the 2004 10 Toyota Prius, Jean S. Romberg, Steven F. Romberg and Plaintiff Kailee S. 11 Romberg, Defendant USAA on December 4, 2019, paid the total sum of 12 $60,000.00 policy limits under Defendant USAA's policy with Fite, thus 13 exhausting the policy limits by payment of settlements, and allowing an 14 Underinsured Motorist Bodily Injury (hereafter "UMBI") Coverage claim 15 by Plaintiffs Steven F. Romberg and Kailee S. Romberg, as set forth 16 herein. 17 22. Thereafter, the California Supreme Court issued Judicial Council 18 Emergency Rule 9, which stated "Notwithstanding any other law, the 19 statutes of limitation and repose for civil causes of action that exceed 20 180 days are tolled from April 6, 2020, until October 1, 2020.". Such 21 Judicial Council Emergency Rule 9 applied to and did toll the statute of 22 limitations of Plaintiffs Steven F. Romberg and Kailee S. Rom berg's UMBI 23 claim versus Defendant USAA, from April 6, 2020 to October 1, 2020. 24 23. On or about April 18, 2022, Plaintiff Steven F. Romberg on behalf of 25 Plaintiff Kailee S. Romberg, submitted a demand letter to Defendant 26 USAA, setting forth the UMBI claim, with accompanying documentation, 27 and Plaintiffs Steven F. Romberg and Kailee S. Romberg have otherwise 28 Ill Complaint for Damages Steven F. Romberg, Kai lee S. Romberg v United Services Automobile Association 7 7 1 performed all the terms and conditions of the policy on his/her part to be 2 performed, regarding such UMBI Claim. 3 24. On or about April 28, 2022 Defendant USAA denied that the value of 4 the UMBI Claim loss was in the amount and to the extent submitted by 5 Plaintiffs Steven F. Romberg and Kailee S. Romberg, and stated that it 6 would tender to Plaintiff Kailee S. Romberg a far lesser amount in full 7 satisfaction of the UMBI Claim, for bodily injury to Kailee S. Romberg. 8 Defendant USAA failed and refused, and continues to fail and refuse, to 9 pay to Plaintiff Kailee S. Romberg the fair value of the UMBI Claim for 10 such injuries. 11 25. As a proximate result of Defendant USAA's failure and refusal to 12 pay the fair value of the Underinsured Motorist Bodily Injury (UMBI) 13 Claim to Plaintiff Kailee S. Rom berg as herein alleged, Plaintiff Kailee S. 14 Romberg has been damaged in the sum of $6,165.00 or other such sum 15 according to proof for special damages. Such special damages consist of 16 (1) medical expenses for diagnosis and treatment, (2) transportation to 17 and from such medical treatment, and (3) lost wages for time taken off 18 work for medical treatment, and (4) cost of medical reports. 19 26. As a further proximate result of Defendant USAA's failure and 20 refusal to pay the fair value of the Underinsured Motorist Bodily Injury 21 (UMBI) Claim to Plaintiff Kailee S. Romberg as herein alleged, Plaintiff 22 Kailee S. Romberg has been damaged in the sum of $30,000.00 for general 23 damages, or other such sum according to proof. 24 WHEREFORE, Plaintiffs pray judgment against Defendant as 25 follows: 26 1. For special damages in the amount of $6,165.00, or other such sum 27 according to proof; 28 Ill Complaint for Damages Steven F. Romberg, Kai lee S. Romberg v United Services Automobile Association 8 8 1 2. For general damages in the sum of $30,000.00, or other such sum 2 according to proof; 3 3. For costs of suit herein incurred; and 4 4. For such other and further relief as the Court may deem proper. 5 6 Dated: May JJ_, 2022 7 Steven F. Romberg, Attorne for Plaintiffs Steven 8 F. Romberg and Kailee S. Romberg 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Complaint for Damages Steven F. Romberg, Kailee 5. Romberg v United Services Automobile Association 9 9 Exhibit "A" 10 MAIL MCH-M-I ~ 9800 Fredericlcsburg Road San Antonio, Tex:is78288 USAA• 00958.3ZM4D.JSS1472443742.16.0l.611 STEVEN FROMBERG 245 WILLOW ST PACIFIC GROVE CA 93950-3143 50871-0705 -~ 11 THIS PAGE INTENTIONALLY LEFT BLANK 12 PAGE 1 MAIL MCH-M-1 V1392 "' USAA• AUTOMOBILE POLICY PACKET AUGUST 4, 2017 STEVEN FROMBERG 245 WILLOW ST PACIFIC GROVE CA 93950-3143 USAA 00081 47 94 7101 4 POLICY PERIOD: EFFECTIVE SEP 04 2017 TO MAR 04 20 18 IMPORTANT M ESSAGES Refer to your Declarations Page and endorsements to verify that coverages, limits, deductibles and other policy details are correct and meet your insurance needs. Required information forms are also enclosed for your review. Check your vehicle for a safety recall today! Visit www.usaacom/autorecall to learn more. The Good Student Discount for an operator on your policy expires with this policy renewal. However, you can continue to save money if the operator requalifies for the discount by being a full-time student and maintaining at least a B or 3.0 grade point average. Log on to usaa.com and select the "Update Discount Information" to see if you're stillentitled to these savings. Or you can call us at (800)531-USAA (8722). For information about the available discounts and the factors we use to determine premiums, please read the enclosed flier,"Information Used to Determine Your Premium." With this renewal, your premium has increased due to a rate change in your state or because of your policy's individual risk characteristics. See your Declarations for the new premium. Contact us if you have any questions. If your estimated mileage for the coming year is different than the mileage listed on your Declarations page, log on to usaacom, enter Auto Policy Summary in Search and click Change Usage and Annual Mileage. Or, contact us at the number below. This is not a bill. Any premium charge or change for this policy will be reflected on your next regular monthly statement Your current billing statement should still be paid by the due date indicated. To receive this document and others electronically. or manage your Auto Policy onllne, go to usaa.com. For U.S. calls: Policy Service (800) 531-8111. Claims (800) 53 1-8222. ACS1 49708-0406 13 PAGE 2 THIS PAGE INTENTIONALLY LEFT BLANK 14 PAGE 3 USAA 00081 47 94 7101 4 AUTOMOBILE POLICY PACKET CONTINUED Your Uninsured Motorists Bodily Injury Coverage (UMBI) and Uninsured Motorists Property Damage (UMPD) selection/rejection remains in effect You may quote different coverage limits and make changes at any time to your policy on usaa.com. Or you may callus at 1-800-531-USAA (8722). You may exclude from coverage any operator who does not qualify for the California Good Driver Discount Please refer to the enclosed flier, "Information Used to Determine Your Premium." TEXTING & DRIVING ... It Can Wait! Join USAA in the movement against distracted driving by going to http:/ /itcanwait.usaa.com to watch powerful videos and take the pledge to not text and drive! Coverage exclusions apply when your vehicle is used in ride sharing. If you need coverage for ride sharing activities, we're pleased to offer Ride Share Gap Protection. Please contact us for more information or to obtain a quote. You may designate a third party to receive notice of policy cancellation or nonrenewal by completing the attached form 40CA. The Guaranteed Renewal Endorsement is no longer offered in your location. For details, please review the enclosed Important Notice form. USAA considers many factors when determining your premium. Maintaining safe driving habits is one of the most important steps you can take in keeping your premium as low as possible. A history of claim or driving activity and your USAA payment history may affect your policy premium. We have provided your ID cards in this packet You can use the cards to show proof of insurance, if necessary. ACS2 15 --- ---- PAGE 4 ··- - - -~-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - b- ac -k ·- - - -- ----- ---· CALIFORNIA EVIDENCE OF FINANCIAL RESPONSIBILITY Name and Address of Insured NAIC 25941 California Evidence of Financial Responsibility Keep this card. STEVEN F ROMBERG 245 WILLOW ST IMPORTANT: The California Financial Responsibility Act PACIFIC GROVE CA 93950-3143 (Section 16020) of the Vehicle Code requires every owner or operator of a vehicle subject ·to the requirements of the Financial Responsibility Act to carry evidence of financial responsibility in the vehicle at all times. Under vehicle code (Section 16028) every driver involved in an accident must provide evidence of financial responsibility at the scene. f Failure to comply is an infraction and shall be punishable by 0 fines, impoundment or license suspension. STEVEN F ROMBERG 1 JEAN S ROMBERG d MISS KAILEE S ROMBERG Insurance Company V E Policy Number Effective Date Expiration Date 00081 47 94U 7101 4 09/04/17 03/04/18 Vehicle Make Vehicle IdentificationNumber Year Additional copies available at usaa.com BUICK 434177H222136 1967 CONTACT US: 210-531-USAA(8722) This policy providesat leastthe minimum amounts of liability insurance· requiredby the CA VEH CODE SECTION 16056 forthe specifiedvehicleand OR 800-531-USAA named insureds and may providecoverage for other persons and other vehiclesas providedby the insurancepolicy. 9800 FredericksburgRoad, San Antonio, Texas 78288 California Automobile Insurance Identification Cards We've issued two identification cards as evidence of liabilityinsurance for your vehicle(s).These cards are valid only as long as liabilityinsurance remains in force. Keep a copy of the ID card in your vehicle at all times. You may be required to produce your identification card at vehicle registration or inspection, when applying for a driver's license. following an accident. or upon a law enforcement officer's request. . 53CA 1 Rev. 06-13 08/04/17 55047-0513_02 --- ------------ -- --------------------- ----------------- 16 PAGE 5 - - - - ., >-- - - - - - - - - - -- - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - - - 'b- a ck ·- - - - - - - - - - - - - - CALIFORNIA EVIDENCE OF FINANCIAL RESPONSIBILITY Name and Address of Insured NAIC 25941 California Evidence of Financial Responsibility STEVEN F ROMBERG Keep this card. JEAN S ROMBERG 245 WILLOW ST IMPORTANT: The California Financial Responsibility Act PACIFIC GROVE CA 93950-3143 (Section 16020) of the Vehicle Code requires every owner or operator of a vehicle subject to the requirements of the Financial Responsibility Act to carry evidence of financial responsibility in the vehicle at all times. Under vehicle code (Section 16028) every driver involved in an accident must provide evidence of financial responsibility at the scene. f Failure to comply is an infraction and shall be punishable by 0 fines, impoundment or license suspension. STEVEN F ROMBERG 1 JEAN S ROMBERG d MISS KAILEE S ROMBERG Insurance Company T Policy Number Effective Date Expiration Date 00081 47 94U 7101 4 09/04/17 03/04/18 Vehicle Make/ Vehicle IdentificationNumber Vear Additional copies available at usaa.com CADILLAC 1G6DW52P2TR701827 1996 CONTACT US: 210-531-USAA(8722) This policy providesat leastthe minimum amounts of liability insurance requiredby the CA VEH CODE SECTION 16056 forthe specifiedvehicleand . OR 800-531-USAA named insureds and may provide coverage for other persons and other vehiclesas providedby the insurancepolicy. 9800 FredericksburgRoad, San Antonio,Texas 78288 California Automobile Insurance ldentif ication Cards We've issued two identificationcards as evidence of liabilityinsurance for your vehicle(s). These cards are valid only as long as liabilityinsurance remains in force. Keep a copy of the ID card in your vehicle at all times. You may be required to produce your identification card at vehicle registration or inspection, when applying for a driver's license, following an accident, or upon a law enforcement officer's request. 53CA2 Rev. 06-13 08/04/17 55047-0513_02 •-r------------------------------------------ --- ------------------------------ 17 PAGE 6 •..... - - - ···- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - b- ack --------------· CALIFORNIA EVIDENCE OF FINANCIAL RESPONSIBILITY Name and Address of Insured NAIC 25941 California Evidence of Financial Responsibility STEVEN · F ROMBERG Keep this card. JEAN S ROMBERG 245 WILLOW ST IMPORTANT: The California Financial Responsibility Act PACIFIC GROVE CA 93950-3143 (Section 16020) of the Vehicle Code requires every owner or operator of a vehicle subject to the requirements of the Financial Responsibility Act to carry evidence of financial responsibility in the vehicle at all times. Under vehicle code (Section 16028) every driver involved in an accident must provide evidence of financial responsibility at the scene. f Failure to comply is an infraction and shall be punishable by 0 fines, impoundment or license suspension. STEVEN F ROMBERG 1 JEAN S ROMBERG d MISS KAILEE S ROMBERG Insurance Company Effective Date Expiration Date 00081 47 94U 7101 4 09/04/17 03/04/18 Vehicle Make Vehicle Identification Number Year Additional copies available at usaa.com WINNEBAG WV3AB47062H088579 2003 CONTACT US: 2·10-531-USAA(8722) This policy providesat leastthe minimum amounts of liability insurance requiredby the CA VEH CODE SEC