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Property owner sues insurance provider over dispute in flooding coverage

NORTHERN CALIFORNIA RECORD

Sunday, November 24, 2024

Property owner sues insurance provider over dispute in flooding coverage

Insurance 03

SAN FRANCISCO – The owner of a South San Francisco business is suing an insurance company over a claim dispute.


Patrick Chin and Utap Printing Co. Inc. filed a complaint on March 30 in the U.S. District Court for the Northern District of California against Hartford Insurance Co. of the Midwest and Does 1 through 10, citing breach of contract.

According to the complaint, the Utap Printing Property was damaged by flooding on Dec. 12, 2014, and the plaintiffs submitted a claim for $256,558.89 for replacement costs for the building, $95,237.18 for damage to the building contents and $49,961.75 for flood cleanup to the defendant. The suit states the defendant only offered to pay $37,688.28 for building damage cleanup and $23,207.70 for the contents.

The plaintiffs submitted an appeal but it was allegedly denied. The plaintiffs holds Hartford Insurance Co. of the Midwest and Does 1 through 10 responsible because the defendants allegedly breach their contractual agreement with the plaintiffs by failing to pay the full plan coverage to the plaintiffs' claim. The total claim amount is well within the total limits of the policy of $500,000 for flood damage to the property and $500,000 for damages to the contents of the building, the suit states.

The plaintiffs seek contractual damages according to proof, interest at the legal rate allowed by the law, reasonable costs and fees allowed by the law, and any other relief as the court deems just and proper. They are represented by Joel P. Gumbiner and Gordon D. McAuley of Williams & Gumbiner LLP in Greenbrae.

U.S. District Court for the Northern District of California Case number 3:16-cv-01571-LB

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