David Young, public adjuster.
David Thomas Hewitt, contractor.
Gerald Cadiente, contractor.
Fred Sobottka, structural engineer.
Steve Klinger, contractor, Chandler, AZ.
Non-physical injury case: Arising out of wind/rain/hail storms in Phoenix, Arizona in October, 2010.
The plaintiff, Julio Avina, is an Arizona resident and the claims submitted to the defendant, Pacific Specialty Insurance Company, a California company, involve a home in Phoenix, Arizona. Plaintiff claimed that defendant breached the contract of insurance and breached the covenant of good faith and fair dealing by failing to pay the amounts due under the policy of insurance arising out of the February 18, 2010, July 15, 2010 and October 5, 2010 storm damage claims involving plaintiff’s Arizona home.
Plaintiff sought to recover the cost to repair the insured dwelling, replacement of the entire original roof of the 35-year-old home, the living expenses needed during the repairs and for emotional distress.
That defendant unjustifiably refused to pay the estimate of repairs submitted to defendant by plaintiff’s public adjuster Brown O’Haver for $87,096.12.
That defendant resorted to fraud, malice and oppression and acted with an evil mind to evade its obligation under the policy of insurance and should be subjected to punitive damages.
That defendant Pacific Specialty Insurance Company timely paid plaintiff the amounts due under the policy and denied any bad faith or breach of the insurance contract. Further, that plaintiff failed to notify the insurer in compliance with the contractual requirements.
Defendants denied each of plaintiff’s claims and alleged the claim submitted to replace the entire roof system was not covered, that plaintiff failed to comply with the insurance policy provisions, breached the covenant of good faith and fair dealing, and submitted an overstated claim.
Emotional injuries and living expenses during repair.
Property damage of $87,096.12.