Old United Casualty Co. v. Byrd CA2/5
Defendant Tyrone G. Byrd appeals from several orders and a judgment. Plaintiff Old United Casualty Company, doing business as Vantage Casualty Company, issued two marine insurance policies to defendant. Plaintiff filed a complaint and amended complaint seeking, inter alia, rescission of the insurance contracts for defendant’s failure to comply with the insurance contract terms and for filing a false claim for theft. Defendant cross-complained, alleging bad faith breach of the implied covenant of good faith and fair dealing (implied covenant breach).
Plaintiff subsequently moved for summary adjudication of the rescission cause of action and defendant’s cross-complaint for the implied covenant breach. Defendant demurred to the complaint and filed a number of motions, including a motion to dismiss, a motion to quash service, and a motion to compel arbitration. The trial court overruled the demurrer and denied all of defendant’s motions.
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