(Please note: the names and locations of all parties have been changed to protect the confidentiality of this car accident case and its proceedings.)
FIRST CAUSE OF ACTION
Breach of Contract
(Plaintiffs against Defendants XYZ and DOES 1-20)
23. Plaintiffs incorporate by reference each and every allegation of this Complaint as though fully set forth in this cause of action.
24. On or about December 16, 2008, Plaintiffs made a claim for insurance benefits under the Policy, for personal injuries sustained as a result of the automobile accident described in this Complaint.
25. Under the Policy, Defendant owed duties and obligations to Plaintiffs, including but not limited to, payment of claims for insurance benefits covered under the Policy.
26. Defendant has unreasonably denied and/or delayed settlement and payment of Plaintiffs’ rightfully demanded claims. In failing and refusing to provide the benefits under the Policy, Defendant has breached the terms and provisions of the Policy.
27. Plaintiffs have performed all of the terms and conditions of the Policy and have performed all obligations under said Policy, and are rightfully owed their benefits under the Policy.
28. As a direct and proximate cause of Defendants’ breach of the insurance contract and Policy, Plaintiffs have been damaged in a sum in excess of the jurisdictional minimum of this Court, plus interest, including prejudgment interest, in an amount to be proven at the time of trial. (See Part 5 of 6.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
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