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Date: 10-08-2024
Case Style:
Victor Yacullo v. AIG Property Casualty Company
Case Number: 3:23-cv-02019
Judge: Michael M. Anello
Court: United States District Court for the Southern District of California (San Diego County)
Plaintiff's Attorney:
Defendant's Attorney: Joshua Adam Alotlow
Description:
San Diego, California bad faith breach of insurance contract law lawyer represented the Plaintiff.
California law recognizes the concept of insurance bad faith, which is when an insurance company acts in an unreasonable or dishonest way that breaches the policyholder's rights. This is different from a simple breach of contract lawsuit, as it allows policyholders to recover additional damages, including attorney fees, emotional distress damages, and potentially punitive damages.
Here are some examples of bad faith conduct by an insurance company:
Unreasonably denying a claim
Misrepresenting policy provisions or facts
Failing to respond to a claim in a timely manner
Offering a lowball settlement
Misinterpreting policy language
Refusing to settle a claim when liability is clear
Forcing the policyholder to litigate the claim
Advising the policyholder not to hire a lawyer
California law requires insurance companies to act in good faith and fairly, and to honor the terms of the insurance contract. Insurance companies must also respond to communications from policyholders promptly, and provide a complete response within 15 days.
The statute of limitations for filing a breach of contract claim in California is four years if the contract was written, and two years if the contract was oral.
Outcome: 10/08/2024 27 Joint MOTION to Dismiss with Prejudice by Victor Yacullo. (Franklin, Joshua) (Entered: 10/08/2024)
10/08/2024 28 ORDER Granting Joint Motion To Dismiss [Doc.No. 27 ]. Signed by Judge Michael M. Anello on 10/8/2024. (ddf) (Entered: 10/08/2024)
Plaintiff's Experts:
Defendant's Experts:
Comments: