Consumer alleges Liberty Mutual failed to conduct fair investigation of water damage claim

By Noddy A. Fernandez | Aug 15, 2018

FRESNO – A Firebaugh resident alleges two insurance companies withheld benefits under her policy.

Rita Esparza filed a complaint on July 25 in the Fayette Circuit Court against Liberty Insurance Corp. and Liberty Mutual Insurance Co. and Does 1 through 20 alleging breach of the implied covenant of good faith and fair dealing and other counts.

According to the complaint, the plaintiff alleges that in April 2017, her home was significantly damaged by water that escaped from a broken water line. She alleges she provided prompt notice to the defendants and was assigned a claim number.

The plaintiff holds Liberty Insurance Corp. and Liberty Mutual Insurance Co. and Does 1 through 20 responsible because the defendant allegedly failed to conduct a thorough, fair, and objective investigation of all bases of the claim; failed to disclose benefits, coverage and time limits that applied to the claim; and failed to pay policy benefits due for repair to the dwelling, contents and loss of use.

The plaintiff requests a trial by jury and seeks judgment for general, special, economic and consequential damages; attorney fees; prejudgment interest; prejudgment interest; costs of suit; and for such other relief the court finds just and proper. She is represented by J. Edward Kerley and Dyland L. Schaffer of Kerley Schaffer LLP in Oakland.

Fayette Circuit Court case number 18CECG02763

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Fresno County Superior Court Kerley Schaffer LLP

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