Franciscan Hill HOA v. State Farm
Defendant State Farm Fire and Casualty Company appeals from the order partially granting plaintiff Franciscan Hills Homeowners Association a new trial, which reinstated plaintiff's previously dismissed breach of contract claim for the alleged failure to pay benefits pursuant to an earthquake policy. Plaintiff cross appeals from those portions of the order denying its new trial motion as to other causes of action, as well as from orders sustaining demurrers to certain claims, and an order striking others. Court affirm the new trial order to the extent it granted plaintiff a new trial on its contract claim for unpaid insurance benefits. Court also reverse the order sustaining without leave to amend the demurrer to the second cause of action for breach of an alleged side agreement to reimburse the plaintiff expert witness fees, and the concomitant fourth cause of action, a common count based on that obligation. Finally, court reverse the order striking causes of action for fraud and bad faith.
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