California Court of Appeal

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Benavides v. State Farm Gen. Ins. Co., B179028

Judgment entered against defendant-insurer on a negligent investigation claim after a jury trial in an action based on the presence of mold in condominium units is reversed where plaintiff could not recover for the negligent handling of her claim because there was no coverage under the terms of the policy, and none of the circumstances which allow for a contract claim to be pursued as a tort cause of action were present.

Appellate Information

  • Decided 02/23/2006
  • Published 02/23/2006


  • TURNER, P.J.


  • California Court of Appeal


  • For Appellant:
  • Cohen & Lord, Scott Richard Lord, Los Angeles, and James F. Boyle for Plaintiff and Appellant.

  • For Appellees:
  • Horvitz & Levy, Mitchell C. Tilner, S. Thomas Todd, Encino;  Sedgwick, Detert, Moran & Arnold and Maria Louise Cousineau, Los Angeles, for Defendant and Appellant State Farm General Insurance Company., Law Office of Lloyd C. Ownbey, Jr. and Lloyd C. Ownbey, Jr., Pasadena, for Defendant and Respondent Lisa Haley.
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