Financial Indemnity Co. filed a complaint on Aug. 1 in the U.S. District Court for the Central District of California against Jason Moncibais; Asma Alsaadi individually and as executor of the state of Ahmed Alsaadi; Hamed Alsaadi; and Abdulaziz Alsaadi, seeking declaratory relief.
According to the complaint, the plaintiff alleges that on Nov. 18, 2011, it issued a policy to defendant Moncibais, included therein a liability coverage that pays damages to any bodily injury or property damaged sustained in an accident caused by the insured vehicle. The suit states that Moncibais was involved in an accident with Ahmed Alsaadi in March 2012, and Alsaadi was thrown from his motorcycle and died at the scene. The plaintiff alleges Moncibais fled the scene but later pled guilty to felony hit and run and was incarcerated.
The plaintiff alleges it first learned of the accident between Moncibais and the decedent of Alsaadi through attorneys, as Moncibais never reported the accident to the plaintiff.
The plaintiff claims it took five months to get Moncibais' permission to disclose limits of the policy to the defendants' counsel. The Alsaadi defendants, through their attorney, are now accusing the plaintiff of not tendering its policy limits on time, the suit states.
The plaintiff seeks judicial declaration that it has timely tendered its policy limits and that policy limits to remain intact, costs of suit and further relief as the court deems satisfactory. The plaintiff is represented by Maria Louise Cousineau and Alicia M. Gurries of Cozen O'Connor of Los Angeles.
U.S. District Court for the Central District of California Case number 2:16-cv-5709