SAN FRANCISCO – A Danville homeowner alleges her insurance company failed to properly cover her losses from a damaged hot water line.
Virginia Colwell filed a complaint on Sept. 26 in the U.S. District Court for the Northern District of California against State Farm General Insurance Co. and Does 1-10 alleging breach of the covenant of good faith and fair dealing.
According to the complaint, the plaintiff alleges that on Jan. 28, while her property insurance policy with defendant was still in effect, her property and personal belongings were damaged when a hot water line ruptured, rendering her property and belongings unusable and uninhabitable. She alleges the defendant refused to provide monthly expense of $2,100 for her temporary accommodations and pay the proper amounts owing under the policy for the remediation and repair of her property, which was estimated at $363,488.91.
The plaintiff holds State Farm General Insurance Co. and Does 1-10 responsible because the defendants allegedly failed to explain the coverages available under the policy, failed to pay amount owed for the loss and damage, failed to timely communicate to insured's inquiries within 15 days and failed to conduct a prompt, thorough and objective investigation of the damage.
The plaintiff requests a trial by jury and seeks judgment against defendant, damages, attorneys’ fees, public adjuster's fees, expert fees, interest, costs of suit and other relief the court finds just. She is represented by J. Edward Kerley and Dylan L. Schaffer of Kerley Schaffer LLP in Oakland.
U.S. District Court for the Northern District of California Case number 4:16-cv-05485