SAN DIEGO – A San Diego corporation alleges its insurers failed to defend it in a lawsuit filed in a Texas court.
Mitek Systems Inc. filed a complaint on Sept. 13 in the U.S. District Court for the Southern District of California against Travelers Property Casualty Co. of America and St. Paul Mercury Insurance Co. alleging breach of contract.
According to the complaint, the defendants issued an insurance policy to the plaintiff and while that policy was in effect, the plaintiff was sued by USAA in 2012 in a Texas court over allegations of breach of confidentiality agreement.
The suit states the defendants denied a duty to defend Mitek in the lawsuit with USAA, stating that the allegations did not fall under the insurance agreement.
The plaintiff holds Travelers Property Casualty Co. of America and St. Paul Mercury Insurance Co. responsible because the defendants allegedly breached insurance contract with the plaintiff by their denial of coverage.
The plaintiff requests a trial by jury and seeks judgment against defendants for damages, interest, costs, expenses of suit and further relief as the court deems just and proper. It is represented by Gary W. Osborne of Osborne & Nesbitt LLP in San Diego.
U.S. District Court for the Southern District of California case number 18-cv-02128