FRESNO – An insurance company is seeking the court's declaration of a rescission of a policy for a Madera property and that it is not responsible for coverage of an alleged robbery.
United Specialty Insurance Co. filed a complaint on May 5 in the U.S. District Court for the Eastern District of California against Hussein Saleh, doing business as 3 Hermanos Warehouses, seeking rescission and declaratory relief.
According to the complaint, the plaintiff alleges that in December 2014 it issued a policy to the defendant and that the defendant stated that it had a central alarm and surveillance on the property. The plaintiff states that this is false and that it sent notice to the defendant that the policy would be rescinded in April and tendered the premium. The suit states that the defendant has not accepted the premium to the plaintiff's knowledge.
The suit also states that the defendant claimed there was a robbery at the property and alleges a loss of 50,000 bottles of men's cologne and other goods. The plaintiff claims it is not responsible for covering the alleged loss as the defendant purportedly has not proved the existence of the cologne inventory or the robbery.
The plaintiff requests a trial by jury and seeks rescinding policy number USA 4073614, declare that the policy provides no coverage for the alleged loss, all legal fees and any other relief as the court deems just. It is represented by Andrew B. Downs of Bullivant Houser Bailey PC in San Francisco.
U.S. District Court for the Eastern District of California, Fresno Division Case number 1:16-cv-00632-DAD-MJS