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For years, plaintiff’s legal professional Montie S. Day has sued California auto insurers, arguing that the coverage exclusion precluding protection for first-party diminution of worth damages claims is unenforceable. On November 30, 2023, the Ninth Circuit Court docket of Appeals in Uyanik v. Wawanesa (an unpublished determination) affirmed the Northern District of California Court docket’s dismissal of Ali Uyanik’s (Day’s consumer) first amended grievance and sanctioned Mr. Day $5,000 for pursuing a frivolous attraction. The Court docket held that Uyanik’s breach of contract declare was “grounded within the plainly incorrect assertion that California legislation requires insurance coverage suppliers to coverer all losses, together with diminution of car worth and lack of automobile use, as a result of coverage exclusions are ‘void and unenforceable below California legislation as in opposition to public coverage and contradict[] the statutes handed by the California Legislature.’” The Court docket of Attraction additionally held that Uyanik’s fraud declare failed as a result of bald allegations that Wawanesa bought insurance coverage insurance policies however didn’t intend to indemnify insureds for all loss didn’t meet Rule 9(b)’s heightened pleading requirements and Uyanik’s CLRA declare failed as a result of “the CLRA doesn’t apply to insurance coverage.”
In awarding sanctions in opposition to Day, and never his consumer, the Ninth Circuit acknowledged: “Day ought to have identified that the authorized claims and arguments that he asserted have been frivolous primarily based on the prior circumstances that he has dealt with.” The courtroom took the bizarre step of sanctioning Mr. Day personally in view of his previous historical past of submitting comparable lawsuits.
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