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ANDREW SAFIR ET AL vs. BANKERS STANDARD INSURANCE COMPANY Complaint

ANDREW SAFIR ET AL vs. BANKERS STANDARD INSURANCE COMPANY Complaint

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Published by: ACELitigationWatch on Aug 26, 2011
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10/16/2014

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10111213141516171819202122232425262728
KELLEY DRYE
&
WARREN
LLP
Michael
J.
O'Connor (STATE BAR
NO.
90017)
FILED
SUPERIOR COURT OF CALIFORNIA
10100 Santa Monica Boulevard, Twenty-Third Floor
,
.)
COUNTY OFLOSANGELES
Los Angeles, California 90067-4008Telephone:
(310)
712-6100Facsimile:
(310)
712-6199moconnor@kelleydrye.comAttorneys
for
Plaintiffs AndrewSafir
and
Maralee Beck Safir
..i^A*
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1
JohnA GfcSke,
Executive
Offioer/Cltrk
BY
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BhaunyaWei
SUPERIOR COURT
OF THE
STATE
OF
CALIFORNIACOUNTY
OF LOS
ANGELES, CENTRAL DISTRICTANDREW SAFIR
and
MARALEE BECKSAFIR,
as
individuals,Plaintiffs,v.BANKERS STANDARD INSURANCECOMPANY,
a
Pennsylvania corporation,Defendant.
///////.///////////////////////
275142-l.doc
CASENO.
BC468334
COMPLAINT
FOR:
1. BREACH
OF
CONTRACT
.Deputy
2.
BAD
FAITH TORTIOUS BREACH
OF
THE IMPLIED COVENANT
OF
GOODFAITH
AND
FAIR DEALING
3.
DECLARATORY RELIEFJURY DEMAND
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10
11
12
13
141516
171819202122232425262728Plaintiffs Andrew Safir and Maralee Beck Safir, for their complaint against DefendantBankers Standard Insurance Company ("Bankers"), allege as follows:
NATURE OF THE CASE
1
.This action arises from Bankers' failure and refusal to honor its obligations toPlaintiffs, the insureds under "ACE Platinum Portfolio Home Policy" number 268-02-35-35H (the"Policy"). In September 2010, Plaintiffs purchased an ACE policy providing, inter alia, homeinsurance coverage for the Plaintiffs' property at 450 West Tiehack Road, Aspen, Colorado
81611
(the "Property"). On May 16,
2011,
the Property and its contents were damaged. Despite itsobligations to its insureds, Bankers unjustifiably and in bad faith refused to honor Plaintiffs' claimfor coverage under the Policy for the damage to the Property and its contents. By this lawsuit,Plaintiffs seek the insurance coverage to which they are entitled under the Policy, as well asdamages for Bankers' bad faith denial of insurance coverage.
THE PARTIES
2.
Plaintiffs are individuals residing in the State of California.
3.
Defendant Bankers is an insurance company organized and existing under the lawsof
the
state of Pennsylvania with its principal place of business located in Philadelphia,Pennsylvania. Upon information and
belief,
Bankers is engaged in, among other things, thebusiness of selling policies of insurance through various agents in the County of Los Angeles, andhas an authorized agent for service of process in the County of Los Angeles.
GENERAL ALLEGATIONS
4.
Plaintiffs purchased the Policy as of September
27,
2010.
5.
On or around May
16,
2011,
the Property and its contents were damaged byflowing debris which broke through the windows and doors on the South side of
the
Property,causing ensuing damage to the structure and to the personal property within (the "Incident"). Thedebris flow filled the Property with mud and water, and covered the personal property within theProperty with several feet of mud and water.6. Plaintiffs submitted a claim for water and mud damage to Bankers on May
17,
2011,
which was received by a claims adjuster for ACE Private Risk Services (a Bankers'
275142.1.doc
COMPLAINT
 
12345678910111213141516171819202122232425262728
affiliate) ("ACE") and assigned claim number 77000665 (the "Claim"). ACE advised Plaintiffsthat they must take immediate steps to prevent further damage to the Property, such as, amongother things:a. "Have a competent vendor or contractor perform water or moistureextraction"; and
b.
"Have air movers, dehumidifiers, or fans put into use if recommended byyour vendor or contractor".
7.
ACE advised Plaintiffs to proceed with emergency or temporary repairs, ifrequired, and to keep a record of
all
such mitigation expenses.8. Among other things, Plaintiffs hired movers to attempt to salvage the personalproperty at the Property and hired contractors to remove the mud and water inside the home andoutside the home to relieve pressure on the structure and prevent further damage to the home.9. On June 9,
2011,
ACE advised Plaintiffs by letter that it was denying the Claim inits entirety.
10.
Plaintiffs have complied with all applicable terms and conditions under the Policy.Further, Plaintiffs timely and properly notified Bankers of
the
damage that the Property sustained.Additionally, Plaintiffs timely and properly took the recommended immediate steps to preventfurther damage to the Property. Plaintiffs requested that Bankers provide insurance coveragepursuant to the terms of
the
Policy.
11.
Bankers has breached its duties to Plaintiffs by failing to provide insurancecoverage on the Claim, and failing to reimburse Plaintiffs for expenses incurred to remediate thedamage and prevent further damage immediately following the
Incident.
Bankers has hadrepeated opportunities to investigate the Claim, and the damage to the Property and its contents,but has refused to pay anything on the Claim.
12.
By this action, Plaintiffs seek damages for Bankers' breach of a written insurancecontract, bad faith tortious breach of the implied covenant of good faith and fair dealing, and adeclaration of Bankers' obligations under the Policy.
COMPLAINT

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