Younan v. Equifax Inc.

Opinion

ROBERSON, J.

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I

Introduction

Appellant Michael R. Younan (hereinafter referred to as plaintiff), appeals from an order of the superior court dismissing four of his alleged causes of action as to the defendants Equifax Inc. and William A. Black, respondents herein (hereinafter referred to as Equifax and Black)

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following orders sustaining the demurrers of Equifax and Black to the third, fourth, fifth and sixth causes of action of plaintiff’s third amended complaint without leave to amend.

Plaintiff’s suit against defendants

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arose from a denial of plaintiff’s claim under an insurance contract providing benefits in event of “Permanent Total Disability” from accidental “injury.”

Generally, plaintiff alleges that defendants set up a “medical examination” of plaintiff, which was by agreement among defendants, predetermined to provide defendant American Home Assurance Company (hereinafter referred to as American Home) with a false report

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thereby providing that defendant with a false but plausible sounding excuse to deny plaintiff’s claim for disability benefits.

The third amended complaint designates the following causes of action and parties thereto: 1. First cause of action: “Bad Faith” (naming defendant American Home only). 2. Second cause of action: “Breach of Contract” (naming defendant American Home only). 3. Third cause of action: “Conspiracy to defraud” (naming all defendants). 4. Fourth cause of action: “Intentional Infliction of Emotional Distress” (naming all defendants). 5. Fifth cause of action: “Fraud” (naming defendants Equifax and Black only). 6. Sixth cause of action: “Constructive Fraud” (naming defendants Equifax and Black only). 7. Seventh cause of action: “Fraud” (naming defendant Packer only) 8. Eighth cause of action: “Constructive Fraud” (naming defendant Packer only). 9. Ninth cause of action: “Negligence” (naming defendant Packer only).