The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this insurance bad faith lawsuit and its proceedings.)
Plaintiffs William and Susan Hall’s Request for Dismissal and Opposition to the Demurrer
STATEMENT OF CASE
Plaintiffs, William and Susan Hall (hereinafter, “Halls”), file this objection to the demurrer filed by XYZ Insurance Company of behalf of Daniel Black and Paul Smith and request its dismissal.
The Halls met Daniel Black, an agent for XYZ Insurance Company sometime prior to 1982 regarding insurance coverage. The Halls have records of premium payments dating from 1982 to present for automobiles and real property. The Halls and Daniel Black developed a long term relationship regarding their insurance policies. Throughout the years, Black answered the Halls insurance questions on coverage, premium payments, and purchase of various policies.
The Halls relied heavily on Black’s advice regarding their policies and a trust developed between them. The Halls had regularly discussions with Black and believed Black would advise them about their policy coverage if it was not in their best interest. As they say, he was their “insurance man,” as one would have a private doctor, or lawyer. Due to the length of the relationship, the frequent communications between the parties, and the number of premiums that they held with Black, they relied on the belief that he would take care of them and inform them of any necessary coverage problems.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.