No. 18-7241

Mary-Ann Bernadette Kerrigan v. QBE Insurance Corporation

Lower Court: Ninth Circuit
Docketed: 2019-01-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: bad-faith-investigation breach-of-contract civil-rights consumer-protection criminal-activity criminal-damages criminal-law due-process insurance insurance-coverage insurance-investigation insurance-regulations procedural-error property-damage property-rights statute-of-limitations
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-03-29 (distributed 2 times)
Question Presented (AI Summary)

Whether QBE insurance improperly denied coverage for insured damages caused by criminal activity

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Can this court determine it is “extremely unusual and extraordinary circumstances” for QBE insurance and their adjusters to deny coverage by attributing these listed structural insured damages as the result of neglect, wear and tear, or Kerrigan’s dogs: — : stolen copper plumbing, stolen electrical wiring, chiseled door locking hardware, holes in breached doors, broken windows, large holes cut in the drywall when in conjunction with a home invasion, robbery and occupation by meth head squatters? Was the lower court justified in disallowing consideration of Kerrigan’s knowledge of the construction industry with $72k in averaged multiple repair estimates for these insured criminally perpetrated structural damages. Kerrigan‘s original attorney filed an IFCA claim with the Washington state insurance ; commissioner August 17, 2016 #0604-16. Kerrigan’s complaint was filed September 12th, 2016 a few days after the three-year statute of limitations. Was this a procedural error in his Management of this lawsuit? Were the lower courts in error by accepting False Evidence statements and : omissions presented by Hillman and Campanella coworker adjusters from Claim Adjustment Specialists (CAS). ; Is QBE insurance’s denial justified and their legal arguments appropriate since the original investigation was patently flawed and neglected consideration of the criminal element which caused this theft, vandalism, and malicious damages? Should QBE Insurance have ignored Kerrigan’s protests and closed her claim in September 2013 after the deceptive reporting of their adjusters improper neglectful investigations? By doing this Did QBE deliberately neglect their ultimate responsibility to perform a proper and reasonable investigation? Should QBE A foreign insurance company, not recognized by the Better : Business Bureau, be legally compelled to perform to industry standard regulations and serve the public with integrity? Are these questions genuine issues for a jury trial? Respectfully submitted by: Mary-Ann Kerrigan, tora Evergreen Way #25-212 Everett WA 98208 (951 813-06

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-03-12
Petitioner complied with order of February 19, 2019.
2019-02-19
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 12, 2019, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-07
Waiver of right of respondent QBE Insurance Corporation to respond filed.
2018-12-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2019)

Attorneys

Mary-Ann Kerrigan
Mary-Ann Bernadette Kerrigan — Petitioner
Mary-Ann Bernadette Kerrigan — Petitioner
QBE Insurance Corporation
Steven D. JensenJensen Morse Baker, PLLC, Respondent
Steven D. JensenJensen Morse Baker, PLLC, Respondent