On January 25, 2018 a
RULING
was filed
involving a dispute between
Alva Joanne,
and
Allstate Indemnity Company,
for civil
in the District Court of Los Angeles County.
Preview
5
Superior Court of California * FILED
Superior Court of California
County of Los Angeles County of Los Angeles
Department 78 AUG 2 2 2018
Sherti 8. Cates 4 By ve OSes Olen
JOANNE ALVA; Case No.: BC 69144! ON Sew
Hearing Date: August 22, 2018”
Plaintiff,
RULING RE:
vs.
DEFENDANT ALLSTATE INDEMNITY
ALLSTATE INDEMNITY COMPANY, et al.;| COMPANY’S DEMURRER TO THE
COMPLAINT
Defendants.
Defendant Allstate Indemnity Company’s Demurrer to the Complaint is SUSTAINED as to the
First Cause of Action, without leave to amend, and OVERRULED as to the Third Cause of
Action.
FACTUAL BACKGROUND
This is an insurance bad faith case. The Complaint alleges as follows. Plaintiff Joanne Alva
(“Alva”) had an Underinsured Motorist policy with Defendant Allstate Indemnity Company
(“Allstate”). (Complaint at p. 1.) In September 2012, Alva suffered an automobile accident in
which she was not at fault and in which she suffered various injuries to herself and damages to
her car. (Complaint §] 5-6.) Alva obtained payment up to the other driver’s policy limits
($25,000), and then made a demand from Allstate up to the $100,000 limit of her own policy, i.e,
an additional payment of $75,000. (Complaint {4 7-8.) Allstate instead failed to undertake an
adequate investigation, and offered Alva a lowball estimate of $35,000 in additional payments.
(Complaint { 9.) The matter proceeded to arbitration in July 2017, and Alva prevailed.
(Complaint 11.) Allstate’s delay caused Alva severe pain by preventing her from obtaining
medical care. (Complaint { 12.)
PROCEDURAL HISTORY
Alva filed the Complaint on January 25, 2018, alleging three causes of action:
1 Bad Faith — Failure to Properly Investigate Claim
2. Breach of Implied Obligation of Good Faith and Fair Dealing
3. Breach of Contractual Duty to Pay Covered Claim
3
eo Allstate filed the present Demurrer on April 2, 2018.
2
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2
ce
oo
oF
Document Filed Date
August 22, 2018
Case Filing Date
January 25, 2018
Status
Deemed Complete (No Remand from Federal Court) 03/12/2019
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5 Superior Court of California * FILED Superior Court of California County of Los Angeles County of Los Angeles Department 78 AUG 2 2 2018 Sherti 8. Cates 4 By ve OSes Olen JOANNE ALVA; Case No.: BC 69144! ON Sew Hearing Date: August 22, 2018” Plaintiff, RULING RE: vs. DEFENDANT ALLSTATE INDEMNITY ALLSTATE INDEMNITY COMPANY, et al.;| COMPANY’S DEMURRER TO THE COMPLAINT Defendants. Defendant Allstate Indemnity Company’s Demurrer to the Complaint is SUSTAINED as to the First Cause of Action, without leave to amend, and OVERRULED as to the Third Cause of Action. FACTUAL BACKGROUND This is an insurance bad faith case. The Complaint alleges as follows. Plaintiff Joanne Alva (“Alva”) had an Underinsured Motorist policy with Defendant Allstate Indemnity Company (“Allstate”). (Complaint at p. 1.) In September 2012, Alva suffered an automobile accident in which she was not at fault and in which she suffered various injuries to herself and damages to her car. (Complaint §] 5-6.) Alva obtained payment up to the other driver’s policy limits ($25,000), and then made a demand from Allstate up to the $100,000 limit of her own policy, i.e, an additional payment of $75,000. (Complaint {4 7-8.) Allstate instead failed to undertake an adequate investigation, and offered Alva a lowball estimate of $35,000 in additional payments. (Complaint { 9.) The matter proceeded to arbitration in July 2017, and Alva prevailed. (Complaint 11.) Allstate’s delay caused Alva severe pain by preventing her from obtaining medical care. (Complaint { 12.) PROCEDURAL HISTORY Alva filed the Complaint on January 25, 2018, alleging three causes of action: 1 Bad Faith — Failure to Properly Investigate Claim 2. Breach of Implied Obligation of Good Faith and Fair Dealing 3. Breach of Contractual Duty to Pay Covered Claim 3 eo Allstate filed the present Demurrer on April 2, 2018. 2 ~~ 2 ce oo oF