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
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7
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9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF MONTEREY
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12 Steven F. Romberg and Jean 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).
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Plaintiffs Steven F. Romberg and Jean S. Romberg allege a cause of
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action against Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION
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as follows:
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1. Each Plaintiff named above is a competent adult.
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2. At all times mentioned in this complaint, Defendant United
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Services Automobile Association (hereafter "USAA") was, and is, an
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insurance company organized and existing under the laws of Texas,
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domiciled in Texas, authorized to conduct business in California as a
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Property and Casualty insurer since 07/01/1948, California Company ID
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Complaint for Damages Steven F. Romberg, Jean 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 7CMA0 11
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 was and is the Husband of Plaintiff Jean S.
28 Romberg.
Complaint for Damages Steven F. Romberg, Jean S. Romberg v United Services Automobile Association 2 2
1 8. Plaintiff Jean 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 , Jean 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 Jean S. Romberg suffered Bodily Injury (BI) as
27 further set forth in this complaint as follows:
28 ///
Complaint for Damages Steven F. Romberg, Jean 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 PAl 701728 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,
6 the 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 Jean S. Romberg was
11 seated as driver, was stopped behind the Toyota Camry. Vehicle 2 (V-2),
12 a 2004 Toyota Prius which was driven by Melanie Hirschfield and
13 occupied by passengers Craig Hirschfield in the front passenger seat and
14 Michele Hyta in the rear passenger seat behind on the driver's side
15 (hereafter "the occupants of the 2004 Toyota Prius") was stopped behind
16 Jean S. Romberg. All 3 of the aforementioned vehicles were stopped,
17 being Vehicle 4 the Toyota Camry at the stop sign, Vehicle 3 the
18 automobile (the 2012 Chevrolet Sonic) behind the Toyota Camry, and
19 Vehicle 2 the 2004 Toyota Prius behind the automobile (the 2012
20 Chevrolet Sonic).
21 (c) Vehicle 2, the 2004 Toyota Prius was then collided by
22 Vehicle 1 (V-1), a 2004 Mercedes ML 350 driven by Justine Valentina Fite
23 (hereafter "Fite"), whose insurance carrier was USAA. Also in the 2004
24 Mercedes, was Tyler Shipley sitting in the front passenger seat, and Fite's
25 dog was also was in the back of Vehicle 1 (V-1).
26 ( d) According to the Pacific Grove Police Department report,
27 CAUSE section, the Officer believed that Fite was traveling at an unsafe
28 speed for conditions in violation of California Vehicle Code section
Complaint for Damages Steven F. Romberg, Jean S. Romberg v United Services Automobile Association 5 5
1 22350, and in the SUMMARY section stated Vehicle 1 rear-ended Vehicle
2 2, the 2004 Toyota Prius and due to this collision Vehicle 2 the 2004
3 Toyota Prius rear-ended the automobile (the 2012 Chevrolet Sonic)
4 Vehicle 3 and Vehicle 3 rear-ended the Toyota Camry, Vehicle 4.
5 14. USAA accepted liability for the collision, on behalf of their insured
6 Fite, the Owner and driver of the 2004 Mercedes Vehicle 1 (V-1).
7 15. Fite only had bodily injury coverage of $60,000.00 on her USAA
8 policy. The Lawyer for the occupants of the 2004 Toyota Prius, and
9 Steven F. Romberg, the Attorney for Plaintiff Jean S. Romberg, submitted
10 medical payments information to the USAA adjuster assigned at that time,
11 which were far in excess of the $60,000.00 Policy Limits which Fite
12 carried as described above. USAA then tendered the $60,000.00 Policy
13 Limits under Fite's policy, and it was determined and agreed by the
14 injured parties to the collision, that Fite's passenger Tyler Shipley would
15 receive $500.00, Jean S. Romberg would receive $5,000.00, Kailee S.
16 Romberg would receive $3,000.00, and the balance of $51,500.00 would
17 be divided between the occupants of the 2004 Toyota Prius described
18 earlier in this complaint.
19 16. This arrangement for the payout of the $60,000.00 Policy Limits
20 was completed with USAA and a release was executed by Plaintiffs Steven
21 F. Romberg and Jean S. Romberg dated November 22, 2019, and a check
22 to said Plaintiffs dated 12/04/2019 in the amount of $4,866.54 was
23 issued by USAA, copies of both such documents of which are attached
24 hereto as Exhibit "C".
25 17. The settlement check (of $5,000.00) to Steven F. Romberg and Jean
26 S Romberg was debited for the amount of the Tricare claim for Jean S.
27 Romberg's emergency room visit on 12/16/2017, in the amount of
28 $133.46 .
Complaint for Damages Steven F. Romberg, Jean S. Romberg v United Services Automobile Association 6 6
1 18. As a proximate result of the collision as just described occurring
2 December 16, 2017, Plaintiff Jean S. Romberg suffered Bodily Injury.
3 19. As a further proximate result of said collision occurring December
4 16, 2017, Jean S. Romberg was required to seek and undergo medical
5 treatment for her Bodily Injury.
6 20. As a further proximate result of said collision occurring December
7 16, 2 017, Jean S. Romberg suffered hospital and medical expenses.
8 21. As a further proximate result of said collision occurring December
9 16, 2017, Plaintiff Jean S. Romberg suffered general damages.
10 22. Plaintiffs allege on information and belief that upon receiving all of
11 the release documents from Tyler Shipley, the occupants of the 2004
12 Toyota Prius, Kailee S. Romberg, Plaintiff Steven F. Romberg and Plaintiff
13 Jean S. Romberg, Defendant USAA on December 4, 2019, paid the total
14 sum of $60,000.00 policy limits under Defendant USAA's policy with Fite,
15 thus exhausting the policy limits by payment of settlements, and allowing
16 an Underinsured Motorist Bodily Injury (hereafter "UMBI") Coverage
17 claim by Plaintiffs Steven F. Romberg and Jean S. Romberg, as set forth
18 herein.
19 23. Thereafter, the California Supreme Court issued Judicial Council
20 Emergency Rule 9, which stated "Notwithstanding any other law, the
21 statutes of limitation and repose for civil causes of action that exceed
22 180 days are tolled from April 6, 2020, until October 1, 2020.". Such
23 Judicial Council Emergency Rule 9 applied to and did toll the statute of
24 limitations of Plaintiffs Steven F. Romberg and Jean S. Romberg's UMBI
25 claim versus Defendant USAA, from April 6, 2020 to October 1, 2020.
26 24. On or about April 18, 2022, Plaintiff Steven F. Romberg on behalf of
27 Plaintiff Jean S. Romberg, submitted a demand letter to Defendant USAA,
28 setting forth the UMBI claim, with accompanying documentation, and
Complaint for Damages Steven F. Romberg , Jean S. Romberg v United Services Automobile Association 7 7
1 Plaintiffs Steven F. Romberg and Jean S. Romberg have otherwise
2 performed all the terms and conditions of the policy on his/her part to be
3 performed, regarding such UMBI Claim.
4 25. On or about April 28, 2022 Defendant USAA denied that the value of
5 the UMBI Claim loss was in the amount and to the extent submitted by
6 Plaintiffs Steven F. Romberg and Jean S. Romberg, and stated that it
7 would tender to Plaintiffs Jean S. Romberg and Steven F. Romberg a far
8 lesser amount in full satisfaction of the UMBI Claim, for bodily injury to
9 Jean S. Romberg, and any accompanying UMBI Claims by Plaintiff Steven
10 F. Romberg as the Husband of Jean S. Romberg. Defendant USAA failed
11 and refused, and continues to fail and refuse, to pay to Plaintiffs the fair
12 value of the UMBI Claim for such injuries.
13 26. As a proximate result of Defendant USAA's failure and refusal to
14 pay the fair value of the Underinsured Motorist Bodily Injury (UMBI)
15 Claim to Plaintiffs as herein alleged, Plaintiff Jean S. Romberg has been
16 damaged in the sum of $7,823.00 or other such sum according to proof
17 for special damages. Such special damages consist of (1) hospital and
18 medical expenses for diagnosis and treatment, (2) transportation to and
19 from such hospital and medical diagnosis and treatment, and (3) cost of
20 medical reports.
21 2 7. As a further proximate result of Defendant USAA's failure and
22 refusal to pay the fair value of the Underinsured Motorist Bodily Injury
23 (UMBI) Claim to Plaintiff Jean S. Romberg as herein alleged, Plaintiff Jean
24 S. Romberg has been damaged in the sum of $30,000.00 for general
25 damages, or other such sum according to proof.
26 WHEREFORE, Plaintiffs pray judgment against Defendant as
27 follows:
28 ///
Complaint for Damages Steven F. Romberg, Jean S. Romberg v United Services Automobile Association 8 8
1 1. For special damages in the amount of $7,823.00, or other such sum
2 according to proof;
3 2. For general damages in the sum of $30,000.00, or other such sum
4 according to proof;
s 3. For costs of suit herein incurred; and
6 4. For such other and further relief as the Court may deem proper .
7
8 Dated: May JJ_, 2022
9
Steven . Romberg, Attor ey for Plaintiffs Steven
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F. Romberg and Jean S. Romberg
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Complaint for Damages Steven F. Romberg, Jean S. Romberg v United Services Automobile Association 9 9
Exhibit "A" 10
MAIL MCl-i-M-I
~ 9800 Fredericksburg Road
~~ San Antonio , TelCIS 78288
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
Â¥1392
"'
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 MESSAGES
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! Vis_it 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 still
entitled 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 usaa.com, 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 online,
go to usaa.com.
For U.S. calls: Policy Service (800) 531-8111. Claims (800) 531-8222.
ACS1 49708-0406
13
PAGE 2
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PAGE 3
USAA 00081 47 94 7101 4
AUTOMOBILE POLICY PACKET CONTINUED
Your Uninsured Motorists Bodily Injury Coverage (UMBI) and Uninsured
Motorists Property Damage (UMPDl 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 call us 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 af feet 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
.;.- -
- - •J~·-
- - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - -1,- a c -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
Effective Date Expiration Date
7101 4 09/04/17 03/04/18
Vehicle Make Vehicle IdentificationNumber Year Additional copies available at usaa.com
BU ICK 434177H222136 1967
CONTACT US: 210-531-USAAC8722)
This policy provides at leastthe minimum amounts of liability
insurance·
requiredby theCA VEH CODE SECTION 16056 for thespecifiedvehicle and 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 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
·-- - - "" ·- - - - -- - - - - - - - - - - -- - - - - - - - - - -- - - - - - - - - - - -- - - - - - - - - 1,- a cit - - - - - - - - - - - - - -
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 IMPORT ANT: 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
ED
Pol icyNumber 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
CADILLAC 1G6DW52P2TR7D1827 1996
CONTACT US: 210-531-USAAl8722)
This policy providesat leastthe minimum amounts of liability
insurance
requiredby theCA 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 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.
53CA2 Rev. 06-13 08/04/17 55047-0513_02
·-r----- ------------------------------------- --------------------------------
17
PAGE 6
· ·• -
- - =·. -
-- - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - -'b - ac -k ---------- ---·
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.
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
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 ~vallable at usaa.c
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 Jean 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 Plaintiffs Steven F. Romberg and Jean 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 adult. 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 07/01/1948, California Company ID 27 28 /// Complaint for Damages Steven F. Romberg, Jean 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 7CMA0 11 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 was and is the Husband of Plaintiff Jean S. 28 Romberg. Complaint for Damages Steven F. Romberg, Jean S. Romberg v United Services Automobile Association 2 2 1 8. Plaintiff Jean 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 , Jean 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 Jean S. Romberg suffered Bodily Injury (BI) as 27 further set forth in this complaint as follows: 28 /// Complaint for Damages Steven F. Romberg, Jean 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 PAl 701728 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, 6 the 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 Jean S. Romberg was 11 seated as driver, was stopped behind the Toyota Camry. Vehicle 2 (V-2), 12 a 2004 Toyota Prius which was driven by Melanie Hirschfield and 13 occupied by passengers Craig Hirschfield in the front passenger seat and 14 Michele Hyta in the rear passenger seat behind on the driver's side 15 (hereafter "the occupants of the 2004 Toyota Prius") was stopped behind 16 Jean S. Romberg. All 3 of the aforementioned vehicles were stopped, 17 being Vehicle 4 the Toyota Camry at the stop sign, Vehicle 3 the 18 automobile (the 2012 Chevrolet Sonic) behind the Toyota Camry, and 19 Vehicle 2 the 2004 Toyota Prius behind the automobile (the 2012 20 Chevrolet Sonic). 21 (c) Vehicle 2, the 2004 Toyota Prius was then collided by 22 Vehicle 1 (V-1), a 2004 Mercedes ML 350 driven by Justine Valentina Fite 23 (hereafter "Fite"), whose insurance carrier was USAA. Also in the 2004 24 Mercedes, was Tyler Shipley sitting in the front passenger seat, and Fite's 25 dog was also was in the back of Vehicle 1 (V-1). 26 ( d) According to the Pacific Grove Police Department report, 27 CAUSE section, the Officer believed that Fite was traveling at an unsafe 28 speed for conditions in violation of California Vehicle Code section Complaint for Damages Steven F. Romberg, Jean S. Romberg v United Services Automobile Association 5 5 1 22350, and in the SUMMARY section stated Vehicle 1 rear-ended Vehicle 2 2, the 2004 Toyota Prius and due to this collision Vehicle 2 the 2004 3 Toyota Prius rear-ended the automobile (the 2012 Chevrolet Sonic) 4 Vehicle 3 and Vehicle 3 rear-ended the Toyota Camry, Vehicle 4. 5 14. USAA accepted liability for the collision, on behalf of their insured 6 Fite, the Owner and driver of the 2004 Mercedes Vehicle 1 (V-1). 7 15. Fite only had bodily injury coverage of $60,000.00 on her USAA 8 policy. The Lawyer for the occupants of the 2004 Toyota Prius, and 9 Steven F. Romberg, the Attorney for Plaintiff Jean S. Romberg, submitted 10 medical payments information to the USAA adjuster assigned at that time, 11 which were far in excess of the $60,000.00 Policy Limits which Fite 12 carried as described above. USAA then tendered the $60,000.00 Policy 13 Limits under Fite's policy, and it was determined and agreed by the 14 injured parties to the collision, that Fite's passenger Tyler Shipley would 15 receive $500.00, Jean S. Romberg would receive $5,000.00, Kailee S. 16 Romberg would receive $3,000.00, and the balance of $51,500.00 would 17 be divided between the occupants of the 2004 Toyota Prius described 18 earlier in this complaint. 19 16. This arrangement for the payout of the $60,000.00 Policy Limits 20 was completed with USAA and a release was executed by Plaintiffs Steven 21 F. Romberg and Jean S. Romberg dated November 22, 2019, and a check 22 to said Plaintiffs dated 12/04/2019 in the amount of $4,866.54 was 23 issued by USAA, copies of both such documents of which are attached 24 hereto as Exhibit "C". 25 17. The settlement check (of $5,000.00) to Steven F. Romberg and Jean 26 S Romberg was debited for the amount of the Tricare claim for Jean S. 27 Romberg's emergency room visit on 12/16/2017, in the amount of 28 $133.46 . Complaint for Damages Steven F. Romberg, Jean S. Romberg v United Services Automobile Association 6 6 1 18. As a proximate result of the collision as just described occurring 2 December 16, 2017, Plaintiff Jean S. Romberg suffered Bodily Injury. 3 19. As a further proximate result of said collision occurring December 4 16, 2017, Jean S. Romberg was required to seek and undergo medical 5 treatment for her Bodily Injury. 6 20. As a further proximate result of said collision occurring December 7 16, 2 017, Jean S. Romberg suffered hospital and medical expenses. 8 21. As a further proximate result of said collision occurring December 9 16, 2017, Plaintiff Jean S. Romberg suffered general damages. 10 22. Plaintiffs allege on information and belief that upon receiving all of 11 the release documents from Tyler Shipley, the occupants of the 2004 12 Toyota Prius, Kailee S. Romberg, Plaintiff Steven F. Romberg and Plaintiff 13 Jean S. Romberg, Defendant USAA on December 4, 2019, paid the total 14 sum of $60,000.00 policy limits under Defendant USAA's policy with Fite, 15 thus exhausting the policy limits by payment of settlements, and allowing 16 an Underinsured Motorist Bodily Injury (hereafter "UMBI") Coverage 17 claim by Plaintiffs Steven F. Romberg and Jean S. Romberg, as set forth 18 herein. 19 23. Thereafter, the California Supreme Court issued Judicial Council 20 Emergency Rule 9, which stated "Notwithstanding any other law, the 21 statutes of limitation and repose for civil causes of action that exceed 22 180 days are tolled from April 6, 2020, until October 1, 2020.". Such 23 Judicial Council Emergency Rule 9 applied to and did toll the statute of 24 limitations of Plaintiffs Steven F. Romberg and Jean S. Romberg's UMBI 25 claim versus Defendant USAA, from April 6, 2020 to October 1, 2020. 26 24. On or about April 18, 2022, Plaintiff Steven F. Romberg on behalf of 27 Plaintiff Jean S. Romberg, submitted a demand letter to Defendant USAA, 28 setting forth the UMBI claim, with accompanying documentation, and Complaint for Damages Steven F. Romberg , Jean S. Romberg v United Services Automobile Association 7 7 1 Plaintiffs Steven F. Romberg and Jean S. Romberg have otherwise 2 performed all the terms and conditions of the policy on his/her part to be 3 performed, regarding such UMBI Claim. 4 25. On or about April 28, 2022 Defendant USAA denied that the value of 5 the UMBI Claim loss was in the amount and to the extent submitted by 6 Plaintiffs Steven F. Romberg and Jean S. Romberg, and stated that it 7 would tender to Plaintiffs Jean S. Romberg and Steven F. Romberg a far 8 lesser amount in full satisfaction of the UMBI Claim, for bodily injury to 9 Jean S. Romberg, and any accompanying UMBI Claims by Plaintiff Steven 10 F. Romberg as the Husband of Jean S. Romberg. Defendant USAA failed 11 and refused, and continues to fail and refuse, to pay to Plaintiffs the fair 12 value of the UMBI Claim for such injuries. 13 26. As a proximate result of Defendant USAA's failure and refusal to 14 pay the fair value of the Underinsured Motorist Bodily Injury (UMBI) 15 Claim to Plaintiffs as herein alleged, Plaintiff Jean S. Romberg has been 16 damaged in the sum of $7,823.00 or other such sum according to proof 17 for special damages. Such special damages consist of (1) hospital and 18 medical expenses for diagnosis and treatment, (2) transportation to and 19 from such hospital and medical diagnosis and treatment, and (3) cost of 20 medical reports. 21 2 7. As a further proximate result of Defendant USAA's failure and 22 refusal to pay the fair value of the Underinsured Motorist Bodily Injury 23 (UMBI) Claim to Plaintiff Jean S. Romberg as herein alleged, Plaintiff Jean 24 S. Romberg has been damaged in the sum of $30,000.00 for general 25 damages, or other such sum according to proof. 26 WHEREFORE, Plaintiffs pray judgment against Defendant as 27 follows: 28 /// Complaint for Damages Steven F. Romberg, Jean S. Romberg v United Services Automobile Association 8 8 1 1. For special damages in the amount of $7,823.00, or other such sum 2 according to proof; 3 2. For general damages in the sum of $30,000.00, or other such sum 4 according to proof; s 3. For costs of suit herein incurred; and 6 4. For such other and further relief as the Court may deem proper . 7 8 Dated: May JJ_, 2022 9 Steven . Romberg, Attor ey for Plaintiffs Steven 10 F. Romberg and Jean S. Romberg 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Complaint for Damages Steven F. Romberg, Jean S. Romberg v United Services Automobile Association 9 9 Exhibit "A" 10 MAIL MCl-i-M-I ~ 9800 Fredericksburg Road ~~ San Antonio , TelCIS 78288 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 ¥1392 "' 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 MESSAGES 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! Vis_it 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 still entitled 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 usaa.com, 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 online, go to usaa.com. For U.S. calls: Policy Service (800) 531-8111. Claims (800) 531-8222. 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 (UMPDl 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 call us 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 af feet 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 .;.- - - - •J~·- - - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - -1,- a c -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 Effective Date Expiration Date 7101 4 09/04/17 03/04/18 Vehicle Make Vehicle IdentificationNumber Year Additional copies available at usaa.com BU ICK 434177H222136 1967 CONTACT US: 210-531-USAAC8722) This policy provides at leastthe minimum amounts of liability insurance· requiredby theCA VEH CODE SECTION 16056 for thespecifiedvehicle and 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 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 ·-- - - "" ·- - - - -- - - - - - - - - - - -- - - - - - - - - - -- - - - - - - - - - - -- - - - - - - - - 1,- a cit - - - - - - - - - - - - - - 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 IMPORT ANT: 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 ED Pol icyNumber 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 CADILLAC 1G6DW52P2TR7D1827 1996 CONTACT US: 210-531-USAAl8722) This policy providesat leastthe minimum amounts of liability insurance requiredby theCA 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 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. 53CA2 Rev. 06-13 08/04/17 55047-0513_02 ·-r----- ------------------------------------- -------------------------------- 17 PAGE 6 · ·• - - - =·. - -- - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - - - - -- - - - - - - - - -'b - ac -k ---------- ---· 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. 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 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 ~vallable at usaa.c