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Gaseous dismay

City loses fight against insurer — waited too long to file!

The United States Court of Appeals for the Second Circuit this month upheld a lower-court decision holding that the City of San Diego had not notified an insurer in reasonable time to collect on an insurance policy covering damage from gas leaks. Indian Harbor Insurance Company sued the City of San Diego in a New York court.

The city was to inform the insurer of damages from gas leaks "as soon as practicable," according to the policy. But the city waited 31 months — more than 12 months and 58 days before giving notice on leaks, according to the insurer, which denied coverage on these and other grounds.

The trial court sided with the insurer last year and the appeals court upheld the decision earlier this month.

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The United States Court of Appeals for the Second Circuit this month upheld a lower-court decision holding that the City of San Diego had not notified an insurer in reasonable time to collect on an insurance policy covering damage from gas leaks. Indian Harbor Insurance Company sued the City of San Diego in a New York court.

The city was to inform the insurer of damages from gas leaks "as soon as practicable," according to the policy. But the city waited 31 months — more than 12 months and 58 days before giving notice on leaks, according to the insurer, which denied coverage on these and other grounds.

The trial court sided with the insurer last year and the appeals court upheld the decision earlier this month.

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4

The Summary Order states that the City's Appeal did not even provide evidence to analyze.

http://www.ca2.uscourts.gov/decisions/isysquery/5bef01a8-1ce1-4278-bbc1-4db42de41cd2/1/doc/13-4244_so.pdf

"The City has proffered no evidence to show that the Policy was issued, or even signed, in New York... The City has adduced no evidence to demonstrate that its 58‐day delay was reasonable."

Grande North HOA, 1205 Pacific Highway, $29 million in claims. Element Owner Association 550 15th Street, $1.9 million in claims. 235 on Market Street, unknown claims.

http://www.sandiego.gov/cityattorney/pdf/news/2013/caupdate131114.pdf

According to the November 12, 2013 City Attorney Update, one of the cases settled for $50,000.

Oct. 10, 2014

laplayaheritage: What's going on -- or not going on -- at the city attorney's office? Best, Don Bauder

Oct. 10, 2014

How wonderful to have my conclusion upheld once again: the City's arguments are always without merit. And pretty cool to slap them for being untimely. City had no problem manufacturing an "untimely" claim to deny completely refunding all 4 years of illegal Golden Hill MAD assessments, even though the final appellate ruling of illegality of the assessment took longer.than 4 years.

Gaseous emissions are Goldsmith and team's specialty, yet they don't recognize them. How much longer will JG be in office?

Oct. 10, 2014

HonestGovernment: It seems to me Goldsmith will be termed out at the end of his current term. But the corporate welfare crowd will find a place for him. He has been their personal lackey. Best, Don Bauder

Oct. 10, 2014

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4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
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