NAPA, Calif.--(BUSINESS WIRE)--The Law Firm of Robins Cloud LLP is announcing that a jury has returned a $4.35 million verdict against State Farm General Insurance Company because a Napa family home was underinsured when the Atlas wildfire tore through wine country in October 2017.
The case, No. 18CV001467, was heard in Napa County Superior Court. The verdict was handed down Oct. 17 following a three-week trial.
Robins Cloud LLP, a Santa Monica-based law firm that established a strong local presence following the 2017 firestorms, represented a Napa family whose home was destroyed in the Atlas Fire.
The jury found that local State Farm agent Alyssa Samrick was negligent because she failed to notify State Farm that the family’s homeowners insurance needed to be increased. As a result, the property had inadequate insurance coverage when the wildfire struck.
State Farm is liable because Ms. Samrick’s agency worked exclusively with the well-known insurance company.
“My clients had been State Farm customers for nearly 50 years, so they trusted that State Farm would be there for them,” Robins Cloud attorney Kevin Pollack said. “Prior to the wildfire, State Farm told my clients in writing that they had 90 days to notify them of any home improvements that cost more than $5,000. If they didn’t, State Farm wouldn’t cover the increased costs. Conversely, the improvements would be covered if my clients told State Farm about them within 90 days. In that case, State Farm said their agent would help them adjust their policy. The jury agreed that my clients did their job but State Farm and its agent failed to do theirs.”
During the trial, the jury heard that State Farm’s agent was aware of the improvements and that the homeowners’ coverage needed to be increased. In fact, State Farm’s agent admitted she drove and walked by the home while the home improvement project was underway.
“Ms. Samrick solicited business by promising to protect my clients’ most precious asset – their home,” Pollack said. “She also said she had the expertise needed to evaluate replacement costs.”
But as the homeowners began to evaluate the cost of rebuilding and replacing property destroyed by the fire, they quickly learned they were severely underinsured. In short, State Farm had failed to comply with the homeowners’ request to increase their insurance coverage.
“We understand that many homeowners were underinsured when the fires tore through Napa County,” Pollack said. “State Farm claimed its number one priority is protecting its customers but it failed to do so here. It is my hope that by holding State Farm accountable, insurers will do more to protect their customers, so future cases like this can be avoided.”
The attorneys at Robins Cloud have been helping property owners of the devastating 2017 wildfires with their insurance problems. The firm was the first to file a lawsuit against PG&E Corporation and Pacific Gas & Electric Company for its negligence in sparking the 2017 Wine Country Fires. The law firm continues to represent local property owners with their insurance issues.
