Everett

Everett v. State Farm General Insurance

Good Law
162 Cal. App. 4th 649·2008 Cal. App. LEXIS 635·75 Cal. Rptr. 3d 812
Court of Appeal of CaliforniaApril 29, 2008E041807California5,793 words

Opinion

Opinion

Hollenhorst, J.

Agnes H. Everett (Everett) appeals after summary adjudication of issues and motion for judgment on the pleadings were granted in favor of defendant State Farm General Insurance Company (State Farm) in Everett’s action, which alleged breach of contract, breach of the duty of good faith and fair dealing, promissory fraud, fraudulent misrepresentation, negligent misrepresentation, and reformation. We affirm.

I. FACTS AND PROCEDURAL HISTORY

In October 1991, Everett purchased a home for approximately $99,000 located on Chiquita Lane in San Bernardino, California. At the same time, she purchased a homeowners policy from State Farm through agent Bryan Hendry (Hendry). The policy number was 75-BJ-7254-8. It was renewed annually on September 25. The policy included an endorsement for guaranteed replacement cost coverage, which provided that State Farm would pay the full amount needed to repair the damaged or destroyed dwelling with like or equivalent construction, without regard to the policy limits.

In August 1993, service of Everett’s policy was transferred to agent Desiree Samowski (Samowski). Samowski did not inspect the property, nor did Everett request Samowski to inspect…

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