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Plaintiff (insurance company) blames Defendant (roofing company) for Negligence Leading to Fire Damage

NORTHERN CALIFORNIA RECORD

Friday, April 4, 2025

Plaintiff (insurance company) blames Defendant (roofing company) for Negligence Leading to Fire Damage

State Court
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Superior Court of California - County of San Francisco | Official website

West American Insurance Company has filed a lawsuit against Westco Roofing Company, Inc., alleging negligence that led to significant property damage. The complaint was filed on March 19, 2025, in the Superior Court of California for the County of San Francisco.

The case centers around an incident that occurred on April 18, 2022, at a property located at 311-317 W Portal Ave., San Francisco. According to the complaint, a fire originated from an adjacent property at 309 W Portal Ave., where Westco Roofing Company was performing roofing services. The plaintiff claims that due to improper handling and lack of safety measures by Westco Roofing Company during their work on the roof, a fire ignited and subsequently spread to the insured property owned by Harbin West Holdings LLC. As a result of this incident, West American Insurance Company has been obligated to compensate its insured under their insurance policy.

West American Insurance Company argues that it is entitled to subrogation rights, allowing it to "stand in the shoes" of its insured and seek recovery from Westco Roofing Company for the damages paid out under the insurance policy. The insurance company alleges that Westco Roofing Company's negligence directly caused or contributed to the fire and resulting damages. Specifically, they claim that Westco failed in using proper tools like torches safely and lacked adequate fire protection measures during their service operations.

The plaintiff is seeking compensatory damages amounting to $2,074,241.89 for the losses incurred due to the fire. Additionally, they are requesting reimbursement for legal costs associated with this suit and prejudgment interest as allowed by law. The lawsuit also includes unnamed defendants referred to as DOES 1 through 50 who may be identified later as having some responsibility in connection with this incident.

Representing West American Insurance Company is attorney Kris Cherevas from Cozen O'Connor law firm. The case has been assigned Case No: CGC-25-623442 and will be heard before judges in the Superior Court of California for San Francisco County.

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