Insurer alleges customer owes more than $27,000

By Noddy A. Fernandez | Jan 11, 2018

FRESNO — An insurance company is suing a customer, alleging it owes more than $27,000 for breach of contract.

Employers Preferred Insurance Company filed a complaint Dec. 15 in Fresno County Superior Court against Onehalloweennight Inc. and Does 1 through 50, alleging the defendants breached the terms of their policy by failing comply with provisions required on the Workers Compensation and Employers Liability Insurance coverage.

According to the complaint, on July 1, 2014, at the request of Onehalloweennight, Employers provided an insurance policy for the period of July 1, 2014 through July 1, 2015. Despite having authorization to examine all records that relate to the policy, the plaintiff says it failed to gain access to enable it to perform an audit in determining the remuneration earned by the defendant's employees and by any of its uninsured subcontractors and the employees of any of its uninsured subcontractors during the policy period. 

The plaintiff alleges Onehalloweennight failed to provide access to its records to enable Employers Preferred to perform an audit and make necessary re-computation and failed to provide compelling business reasons for the refusal to provide access.

Employers Preferred Insurance seeks trial by jury, judgment of $27,176, together with prejudgment interest of $7.44 per day from Oct. 27, 2015, plus prejudgment interest of $1.51 per day from Nov. 24, 2015, plus costs, and all other relief the court deems just and proper. It is represented by attorney Timothy Carl Aires of Aires Law Firm in Irvine.

Fresno County Superior Court case number 17CECG04292

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