FRESNO – A property owner alleges that an insurance company failed to pay benefits it alleges it is owed for fire damages.
CVI Group LLC filed a complaint on Aug. 3 in the Fresno County Superior Court against Mercury Casualty Co. and Does 1 through 10 alleging breach of the implied covenant of good faith and fair dealing.
According to the complaint, in September 2017, CVI Group LLC's Fresno property was significantly damaged by fire, rendering the home uninhabitable. Upon discovery of the loss, CVI provided prompt notice to defendant and fulfilled all conditions required under the policy to warrant payment of policy benefits, the suit states.
The plaintiff alleges the defendant failed to pay policy benefits due for the repair of the property, contents and loss of use.
The plaintiff holds Mercury Casualty Co. responsible because the defendant allegedly failed to conduct a thorough, fair, and objective investigation of all bases of the claim and misrepresented pertinent facts and coverage relating to the claim.
The plaintiff requests a trial by jury and seeks judgment for general, special, economic and consequential damages; attorney fees; expert expenses; prejudgment interest, costs of suit; and for such other relief the court finds just and proper. It is represented by J. Edward Kerly and Dylan L. Schaffer of Kerley Schaffer LLP in Oakland.
Fresno County Superior Court case number 18CECG02856