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NORTHERN CALIFORNIA RECORD

Thursday, April 25, 2024

Concrete company accuses insurer of breach of contract

Insurance 07

FRESNO — A concrete company is suing an insurance company, alleging breach of contract.

Terry Tuel Concrete Inc. filed a complaint Dec. 13 in Fresno County Superior Court against Ironshore Specialty Insurance Company and Does 1-10, alleging they cost the plaintiff more than $90,000 in attorney costs. 

According to the complaint, Terry Tuel Concrete was forced to expend significant amounts of time and money to defend itself in a construction defect lawsuit and from the claims asserted by homeowners, as a result of Ironshore's refusal to take action to defend and indemnify the plaintiff. 

The plaintiff alleges the defendants denied Terry Tuel Concrete's tender without legitimate investigation, relied on sham excuses not applicable to the claims or facts in the legal action, in sole furtherance of its’ own interests of profit, and without fairly considering the interests of the plaintiff, leaving it to fend for itself without a defense.

Terry Tuel Concrete seeks trial by jury, an award of costs, monetary awards, interest, punitive damages, interest, and all other relief the court deems just and proper. It is represented by attorney Todd Gary of The Gary Law Firm in Danville.

Fresno County Superior Court case number 17-CECG-04260

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