California Court of Appeal

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Henderson v. Farmers Group, Inc., B236259

In plaintiffs' suit against various insurers' claiming that defendants collectively denied or underpaid valid claims for property damage sustained in the 2009 Southern California wildfires, trial court's grant of summary judgment in favor of the defendants is: 1) reversed as to breach of contract and bad faith claims where the insurer cannot rely on the failure to submit a proof of loss as a defense absent a showing of substantial prejudice; 2) reversed as to judgment against a homeowner for delay in providing notice of loss, since the insurer forfeited the defense by not objecting to the untimely notice of loss; 3) reversed as to judgment on a homeowner's unfair business practices cause of action, because it is not barred by Moradi-Shalal; and 4) affirmed as to claims based on theories of joint venture and alter ego liability, where the plaintiff failed to show the existence of a triable issue of material fact as to an inequitable result from treating the corporations as separate entities.

Appellate Information

  • Decided 10/24/2012
  • Published 10/24/2012

Judges

  • Epstein

Court

  • California Court of Appeal

Counsel

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