Bad Faith Suit Fails After Insurer Declares Policy Void
Posted on August 14, 2026 by Barry Zalma
State Farm Must Try Breach of Contract Claim Only
Post 5424
Breach of Condition is Ground to Deny Claim and Void Policy
In Arutyun Darakchyan v. State Fann General Insurance Company et al., No. 2:25-cv-03880-CAS-AJRx, United States District Court, C.D. California (August 11, 2026) Plaintiff Arutyun Darakchyan sued State Farm General Insurance Company after State Farm denied his homeowners burglary claim for losses allegedly sustained at his Tarzana residence.
Plaintiff reported that burglars entered through a kitchen window while he and his family were away, claimed stolen property totaling more than $83,000, and submitted proof-of-loss materials, inventory lists, photos, alarm records, phone records, and later appeared for an examination under oath.
State Farm assigned the claim to its special investigative unit, questioned the timing and duration of the reported burglary, requested additional documents and records, identified discrepancies between the police report, inventory, receipts, and plaintiff’s testimony, and ultimately denied the claim based on alleged breaches of post-loss duties and alleged concealment or misrepresentation.
On February 20, 2024, State Farm took a recorded statement from plaintiff. Plaintiff reported that on the night of the burglary, his oldest son, Gregor, immediately left the party they were at and arrived at the Property a couple of minutes before plaintiff.
THE POLICY
The State Farm policy provided: “This policy is void as to [the insured] ... if [the insured] ... has intentionally concealed or misrepresented any material fact or circumstance relating to this insurance, whether before or after a loss.”
LAW:
Summary judgment is proper only when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. Under California law, breach of contract requires a contract, plaintiff’s performance or excuse for nonperformance, defendant’s breach, and damages. California recognizes substantial compliance where the insured performs enough of the required obligations and does not completely fail to comply.
Breach of the Implied Covenant of Good Faith
State Farm argued that plaintiff s second claim for breach of the implied covenant of good faith and fair dealing fails because State Farm did not wrongfully withhold benefits due under the Policy. State Farm's denial of benefits was reasonable because State Fann's reasonably concluded that plaintiff breached the Policy. State Farm denial of the Claim was objectively reasonable.
DISCUSSION:
State Farm argued that plaintiff could not recover because he failed to satisfy policy conditions, including prompt notice, production of supporting records, preservation or exhibition of damaged property, production of his son’s phone records, and production of household members for examinations under oath.
ANALYSIS:
The Court held that factual disputes precluded summary judgment on the breach of contract claim, including disputes over substantial compliance, materiality of requested documents, timing of notice, and whether plaintiff could compel family members to appear for examinations. The same genuine dispute and the claim discrepancies gave State Farm an objectively reasonable basis to deny the claim, defeating the bad faith and negligent misrepresentation claims.
CONCLUSIONS:
State Farm’s motion for summary judgment was denied as to plaintiff’s breach of contract claim but granted as to breach of the implied covenant of good faith and fair dealing, negligent misrepresentation, and punitive damages.
the Court DENIED State Farm's motion for summary judgment on plaintiff s breach of contract claim, GRANTSED State Farm's motion for summary judgment on plaintiffs claim for breach of the implied covenant of good faith and fair dealing, GRANTED State Farm's motion for summary judgment on plaintiffs claim for negligent misrepresentation and GRANTED State Farm's motion for summary judgment on plaintiff s claim for punitive damages.
ZALMA OPINION
State Farm with a factual basis for concluding that its insured had committed fraud and denied the claim for breach of material conditions and for fraud was relieved of most of the lawsuit except breach of contract because the court applied the doctrine of "substantial compliance" although the reasons for its conclusion of fraud were obvious.
(c) 2026 Barry Zalma & ClaimSchool, Inc.
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Post 5407
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See the full video at https://lnkd.in/gWQQEySW and at https://lnkd.in/gyhdK6wv
This is a Fictionalized True Crime Story of Insurance Fraud explaining why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is one of a collection designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
This is a Fictionalized True Crime Story of Insurance Fraud explaining why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is one of a collection designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
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Post 5397
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As part of the investigation, the FBI obtained an August 19, 2022 warrant to search Driscoll’s Sterling Pharmacy Yahoo email account for emails from January 1, 2018 through December 31, 2020. Driscoll moved to suppress the resulting evidence, arguing that the warrant lacked probable cause, was overbroad, and rested on material misstatements and omissions.
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Post 5396
See the video and at https://rumble.com/v7ctgmq-the-great-jewel-theft.html at https://youtu.be/aRbQ2sJfGwA
This is a Fictionalized True Crime Story of Insurance Fraud explaining why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is one of a collection designed to help to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the ¬¬¬Perpetrators than any Other Crime.
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Post 5423
Posted on August 13, 2026 by Barry Zalma
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2. the loss is covered by specific policy provisions described in the complaint;
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Post 5422
Coram Nobis is an Extraordinary Remedy
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He was sentenced to probation and a fine, did not directly appeal, and completed probation in 2003. After an earlier unsuccessful postconviction challenge, Disiere filed a second petition for writ of error coram nobis in 2024, claiming his plea was coerced by prosecutors’ threats relating to an employee allegation, that those threats were concealed from the court, that his counsel was ineffective, and that the factual basis did...
Day Care Owner Loses Subsidies Because She Criticized State
Post 5421
Posted on August 11, 2026 by Barry Zalma
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