Gordon Rees Scully Mansukhani San Diego partner Matthew Kleiner and senior counsel Jordan Derringer, with the assistance of Phoenix associate Annelise Dominguez, were successful in obtaining summary judgment on behalf of their client, a homeowner’s insurer.
The plaintiff alleged that the insurer breached the homeowner's policy of insurance because they were negligent in the adjustment of the plaintiffs' storm related property damage claim and, as a result of the insurer's negligence, mold formed in the plaintiffs' home. The plaintiffs alleged that they suffered toxic mold poisoning and sought more than half a million dollars in damages based upon claims for breach of contract and bad faith.
Gordon & Rees' attorneys successfully argued that any alleged failure on the part of the insurer in adjusting the claim, of which there was none, was not the cause of the plaintiffs’ alleged damages. It was further found that the insurer did not, in the absence of a breach of contract, act in bad faith.