Norkin v. United States Fire Insurance

JEFFERSON, J.

Plaintiff appeals from a judgment of dismissal entered after the trial court sustained the demurrer of defendant United States Fire Insurance Company (hereinafter called the Insurance Company), to plaintiff’s second amended complaint, without leave to amend. Demurrers to two prior complaints filed by plaintiff had been sustained with leave to amend. All demurrers contained among other grounds that the complaint did not state facts sufficient to constitute a cause of action.

In his second amended complaint plaintiff purports to set out three causes of action against defendant Insurance Company and several “Doe” defendants. In his first stated cause of action plaintiff alleges that defendant Insurance Company issued a policy of liability insurance to plaintiff for the period commencing January 19, 1961, and ending January 19, 1962. The policy provided for uninsured motorist coverage. In February 1961, plaintiff was involved in an automobile accident caused as result of the negligence of an uninsured motorist. Plaintiff submitted a claim to defendant for injuries suffered in the accident. The claim was thereafter settled to plaintiff’s satisfaction. When the policy expired by its terms on January 19,1962, defendant refused to do further business with plaintiff and forced plaintiff to. go elsewhere to obtain “less desirable insurance” at increased rates. It is further alleged that defendants “did misrepresent and conceal and did further fail to disclose that they would fail to do further business with this plaintiff if he had the audacity to present a claim under said policy of insurance. ’ ’ In addition there are general allegations of intent to induce reliance and justifiable reliance. As damages plaintiff charges that he sustains an out-of-pocket loss of $250 each year for his “lifetime” caused by additional premium charges. He also seeks “additional damages of a consequential nature” in the amount of $50,000.

The second alleged cause of action incorporates the first cause of action, and further alleges that defendants “agreed

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together to refuse to deal with this plaintiff on a concerted basis, and that such did not have a reasonable and justifiable business objective,” that such action was “arbitrary” and 1 ‘ contrary to the public interest. ’ ’