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Defendant MAPFRE Insurance Company’s Demurrer to Plaintiff’s First Amended Complaint
Factual and Procedural Background
In relevant part, plaintiff Nick Rubino (“Rubino”) alleges he obtained insurance from defendant MAPFRE Insurance Company (erroneously sued herein as MAPFRE Insurance; hereafter, “MAPFRE”) on June 21, 2012 through his agent at Atlantic Bay Insurance. (First Amended Complaint (“FAC”), p. 2.) Defendant MAPFRE misrepresented the coverage plaintiff Rubino could obtain for his 2000 Jaguar XJR. (FAC, pp. 2 – 3.) On September 22, 2017, plaintiff Rubino’s car was hit on 11th Street in San Jose while plaintiff was at work. (FAC, p. 3.) Plaintiff found damage consistent with a trash bin. (FAC, p. 3.) MAPFRE opened a claim. (FAC, p. 3.) Plaintiff Rubino was fully aware he had minimum liability insurance coverage. (FAC, p. 3.) Plaintiff Rubino alleges defendant MAPFRE did not properly or adequately investigate his claim. (FAC, pp. 3 – 4.) According to plaintiff, M
Hearing Date
June 26, 2018
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Defendant MAPFRE Insurance Company’s Demurrer to Plaintiff’s First Amended Complaint
Factual and Procedural Background
In relevant part, plaintiff Nick Rubino (“Rubino”) alleges he obtained insurance from defendant MAPFRE Insurance Company (erroneously sued herein as MAPFRE Insurance; hereafter, “MAPFRE”) on June 21, 2012 through his agent at Atlantic Bay Insurance. (First Amended Complaint (“FAC”), p. 2.) Defendant MAPFRE misrepresented the coverage plaintiff Rubino could obtain for his 2000 Jaguar XJR. (FAC, pp. 2 – 3.) On September 22, 2017, plaintiff Rubino’s car was hit on 11th Street in San Jose while plaintiff was at work. (FAC, p. 3.) Plaintiff found damage consistent with a trash bin. (FAC, p. 3.) MAPFRE opened a claim. (FAC, p. 3.) Plaintiff Rubino was fully aware he had minimum liability insurance coverage. (FAC, p. 3.) Plaintiff Rubino alleges defendant MAPFRE did not properly or adequately investigate his claim. (FAC, pp. 3 – 4.) According to plaintiff, M