On February 18, 2025, the San Bernardino Superior Court granted summary judgment in a breach of contract claim in favor of our client, a California-based insurance company.

Colman Perkins Law Group Partner Michele Levinson defended the insurance company in this lawsuit. CPLG and Law & Motion attorney, Truong X. Pham prepared the summary judgment motion.

Plaintiff’s Complaint Allegations

The Plaintiff alleges that our client “intentionally and maliciously” cancelled his automobile insurance policy and filed suit.

The Plaintiff’s operative complaint alleged three causes of action:

• (1) breach of fiduciary duty,
• (2) breach of contract/agreement, and
• (3) breach of the covenant of good faith and fair dealing.

Based on his claims, the Plaintiff sought special, general, and punitive damages.

Defendant’s Motion for Summary Judgment

The Defendant’s summary judgment motion argued that the Plaintiff cannot establish any of the causes of action alleged in his operative complaint because the policy was cancelled for nonpayment of insurance premiums.

Additionally, the Defendant argued that the relationship between an insurer and the insured is not a fiduciary relationship, and therefore, as a matter of law, the insurance company does not owe a fiduciary duty to the insured.

The Court’s Ruling

The Court considered the parties’ briefs and oral arguments and granted the Defendant’s motion for summary judgment on the entire operative complaint.

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CPLG Verdicts
About partner Michele Levinson
About attorney Truong X. Pham