Shawver

Shawver v. State Farm General Ins. Co. CA2/7

Good Law
Court of Appeal of CaliforniaMarch 19, 2024B319252California7,997 words

Opinion

Opinion

INTRODUCTION

In November 2018 the Woolsey Fire destroyed the property where Pamela McCarthy and her nephew, Michael J. LaBerge, (Michael Jr.), lived. McCarthy and Michael Jr. filed this action against State Farm General Insurance Company for breach of contract, breach of the implied covenant of good faith and fair dealing, and elder abuse. McCarthy and Michael Jr. alleged State Farm did not pay the full amount it owed under a homeowner’s policy State Farm issued to McCarthy and her deceased brother (and Michael Jr.’s father), Michael A. LaBerge (Michael Sr.). The trial court granted State Farm’s motion for summary judgment, and McCarthy and Michael Jr. appealed.1 We conclude State Farm did not breach the insurance contract because it paid to the proper insureds all (if not more than) it was obligated to pay under the coverages for repairs to the dwelling, damage to personal property, and temporary additional living expenses. We also conclude State Farm did not breach the implied covenant of good faith and fair dealing or commit financial elder abuse. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Woolsey Fire Destroys the Malibu Property McCarthy and her…

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