SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. P
TENTATIVE RULING
Robert Ellison et al. v. Integon National Ins. Co. et al., Case no. 19SMCV00781
HEARING DATE: 7/17/2019
Defendants’ Demurrer to Complaint
Defendants issued a homeowner’s insurance policy to plaintiffs. On August 16, 2018 plaintiffs’ backyard was damaged. Plaintiffs filed a claim; defendants denied coverage. Plaintiffs allege the denial was wrongful and in bad faith. Defendants demur to plaintiffs’ causes of action for declaratory relief and breach of the covenant of good faith.
Good Faith and Fair Dealing
Defendants argue plaintiffs fail to allege facts to establish bad faith – i.e. they have not alleged facts showing that defendant’s denial of benefits was tortious or without reasonable basis. In fact, plaintiffs specifically allege defendants failed to conduct a proper investigation of the damage before denying coverage. For the purposes of pleading, this must be treated as true.
Declaratory Relief
Hearing Date
July 17, 2019
Type
Insurance Coverage (not complex) (General Jurisdiction)
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES, DEPT. P
TENTATIVE RULING
Robert Ellison et al. v. Integon National Ins. Co. et al., Case no. 19SMCV00781
HEARING DATE: 7/17/2019
Defendants’ Demurrer to Complaint
Defendants issued a homeowner’s insurance policy to plaintiffs. On August 16, 2018 plaintiffs’ backyard was damaged. Plaintiffs filed a claim; defendants denied coverage. Plaintiffs allege the denial was wrongful and in bad faith. Defendants demur to plaintiffs’ causes of action for declaratory relief and breach of the covenant of good faith.
Good Faith and Fair Dealing
Defendants argue plaintiffs fail to allege facts to establish bad faith – i.e. they have not alleged facts showing that defendant’s denial of benefits was tortious or without reasonable basis. In fact, plaintiffs specifically allege defendants failed to conduct a proper investigation of the damage before denying coverage. For the purposes of pleading, this must be treated as true.
Declaratory Relief