Wolfe

Wolfe v. State Farm Fire & Casualty Insurance

Caution
1996 Cal. App. LEXIS 561·46 Cal. App. 4th 554·53 Cal. Rptr. 2d 878·96 Daily Journal DAR 7018·96 Cal. Daily Op. Serv. 4362
Court of Appeal of CaliforniaJune 17, 1996B098665California5,149 words

Opinion

Opinion

Perez, J.

Plaintiff C. Sterling Wolfe appeals from the judgment of dismissal entered after demurrers to his complaint were sustained without leave to amend. For the reasons set forth below, we affirm the judgment.

Facts and Procedural History

In the early morning hours of January 17, 1994, the “Northridge earthquake” rumbled through Southern California, killing some and injuring others, while leaving a trail of destroyed or damaged homes in its wake. To those fortunate (and prescient) enough to have earthquake insurance, more than $11 billion in property damage claims were paid by their insurers. Residential real property insurers expressed both alarm at the extent of the claims and concern whether they could meet their obligations in the event of another such disaster. Because insurers offering homeowners coverage are required by law to offer earthquake insurance as well (Ins. Code, § 10081), those insurers decided to stop or reduce their sales of homeowners insurance in order to avoid writing new earthquake policies.

In response, plaintiff and appellant C. Sterling Wolfe (appellant), acting as a “private attorney general,” filed a complaint seeking injunctive relief against 17…

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