Vito Sgaraglino v. State Farm Fire and Casualty Company, an Illinois Corporation

Good Law
896 F.2d 420·1990 WL 14802·1990 U.S. App. LEXIS 2324
United States Court of Appeals for the Ninth CircuitFebruary 21, 199087-1903California694 words

Opinion

Opinion

Joseph M. Kadans, Esq., whose offices are in Las Vegas, Nevada, sued State Farm Fire and Casualty Company in Nevada state court alleging a fire loss which State Farm refused to pay. The refusal related to alleged damage to the contents of a home covered by a State Farm policy.

Plaintiff Sgaraglino charged breach of contract and of the duty of good faith and fair dealing. State Farm’s refusal was predicated on its claim that the fires had been set by Sgaraglino and that he had made false statements concerning the losses. State Farm removed the case to the Nevada District Court and then counterclaimed for its expenses and for advance payments it had made. The jury found in State Farm’s favor on both its claim and counterclaim.

Sgaraglino, still represented by Mr. Ka-dans, appealed to this court and oral argument was held on August 10, 1988. By memorandum opinion on August 12, 1988, the judgment of the district court was affirmed. On September 15, 1988, the appellant’s petition for rehearing was denied. The mandate issued September 23, 1988. A petition for certiorari, filed with the United States Supreme Court on December 12, 1988 was denied on February 21, 1989.

After the mandate…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.