Amica Mutual Insurance Company has filed a lawsuit against Oakley Design Build Restoration, LLC, accusing the company of negligence that resulted in significant property damage. The complaint was filed on October 29, 2024, in the Superior Court of California for the County of San Francisco by Amica Mutual Insurance Company against Oakley Design Build Restoration, LLC.
The lawsuit arises from an incident that occurred on or about October 30, 2021. According to the complaint, Glen and Rusul McGillan owned a property at 501 Beale Street Unit 11A in San Francisco, which was insured by Amica. The insurance policy covered both the property and personal belongings inside it. Following a prior loss at the property, Oakley Design Build Restoration was contracted to perform repair work. However, during their work, Oakley allegedly acted negligently and caused a water loss that led to substantial damage to the property.
Amica claims that Oakley failed to exercise reasonable care in performing its duties and breached its obligations. The insurance company argues that Oakley's negligence directly resulted in damages to the property. As a result of this incident, Glen and Rusul McGillan filed a claim with Amica under their insurance policy. Amica subsequently made payments totaling $85,496.83 to cover the damages incurred due to Oakley's alleged negligence.
The complaint further asserts that Amica now stands subrogated to the rights of Glen and Rusul McGillan against Oakley due to these payments. In legal terms, subrogation allows an insurer who has paid out a claim on behalf of an insured party to step into their shoes and pursue recovery from responsible third parties—in this case, Oakley Design Build Restoration.
Amica is seeking several forms of relief from the court: a declaration holding Oakley legally and financially responsible for the damages sustained; compensation for losses already paid amounting to $85,496.83; additional compensatory damages as determined by proof; costs associated with bringing suit including attorney's fees; interest including pre-judgment interest; and any other relief deemed just by the court.
Representing Amica Mutual Insurance Company are attorneys David B. Ezra and Walker Macon from Berger Kahn A Law Corporation. The case has been assigned Case ID CGC-24-619330 in front of judges at the Superior Court of California for San Francisco County.