SAN FRANCISCO – A Massachusetts insurance company is seeking a declaration from the court that it is not responsible for covering claims in a class-action lawsuit.
Hanover Insurance Co. filed a complaint on March 3 in the U.S. District Court for the Northern District of California, San Francisco Division against Paul M. Zagaris Inc., Jon Paul Zagaris, Karrie Goold, Danielle Hardcastle, Esther Gutierrez, Fred Oshtory and Michael P. Dutra, seeking declaratory relief.
According to the complaint, the plaintiff seeks reimbursement of all fees incurred and declaration that it has no duty to defend any of the defendants in a class-action lawsuit filed in the Superior Court for the State of California, County of Contra Costa. The plaintiff alleges that its policy with the defendants does not cover claims over alleged false advertising, unfair competition, etc., and therefore excludes coverage for the suit.
The plaintiff seeks the following: reimbursement for any legal fees incurred in the class-action lawsuit and demands jury trial. It is represented by Kathleen Hegen of Lewis, Brisbois, Bisgaard & Smith LLP in San Francisco and Perry M. Shorris of Lewis, Brisbois, Bisgaard & Smith LLP in Chicago.
U.S. District Court for the Northern District of California, San Francisco Division Case number 3:16-cv-01099-JCS