Defendant's Attorney: John A. Banahan and Calen J. Wills

Description: Jackson, Mississippi insurance law lawyer represented Plaintiff, who sued Defendant on a breach of contract theory.

Plaintiff Gilberto Alarcon Mortera (“Mortera”) owns a condominium
unit at the Kona Villa complex in Diamondhead, Mississippi. Around mid-
2018, his unit was damaged after a water leak occurred in the unit above his.

The leak damaged carpeting, drywall, molding and trim, light fixtures,
window blinds, electrical outlets, plumbing fixtures, furniture, and other
accessories. Mortera suffered approximately $59,720.40 in losses. He sought
payment for his damages from State Farm Fire and Casualty Company
(“State Farm”). State Farm reviewed the policy under which Mortera
sought to recover and determined it only covered Kona Villa Owners
Association (“Kona Villa”), not Mortera, and that individual unit owners
were responsible for damages to the interior of their units. Mortera then sued
State Farm for breach of contract.

State Farm moved for summary judgment which the district court
granted after determining that Mortera was not a party to the insurance
policy in question and that he was a mere incidental beneficiary and thus
could not sue for recovery. Mortera now appeals the district court’s grant of
summary judgment for State Farm

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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