FOLLOW US

America August 13, 2023 4 mins read

Rosenberg-Wohl Takes on State Farm Fire and Casualty Company

America ı By Samuel Lopez

0 Comments

Untitled

USA Herald – (San Francisco, CA) In a recent case, Rosenberg-Wohl v. State Farm Fire and Casualty Company; Certified for publication on 7/11/23, State Farm Fire and Casualty Company won an appeal against Katherine Rosenberg-Wohl, a plaintiff who had a homeowners insurance policy with the company. The case involved a limitation provision in the policy that required lawsuits to be started within one year after the date of loss or damage.

Rosenberg-Wohl had noticed that her outside staircase had become unsafe and needed to be replaced. She authorized the work and contacted State Farm to submit a claim for the money she had spent. However, State Farm denied her claim. Later, Rosenberg-Wohl’s husband reached out to State Farm to see if anything could be done, and a State Farm adjuster said that the claim had been reopened, but it was denied again a few days later.

In October 2020, Rosenberg-Wohl filed two lawsuits against State Farm in San Francisco Superior Court. One alleged two causes of action, breach of the policy and for bad faith. That lawsuit was removed to federal court and was resolved against Rosenberg-Wohl on a motion to dismiss based on the one-year limitation provision. It is currently on appeal in the Ninth Circuit.

The other action, the one before us, purports to allege a claim for violation of California’s unfair competition law. This case was also resolved against Rosenberg-Wohl, also based on the limitation provision—here, when the trial court sustained a demurrer to the second amended complaint without leave to amend.

In essence, the court denied Rosenberg-Wohl the chance to amend her claims, concluding the lawsuit in State Farm's favor; however, this saga doesn't end here.

Rosenberg-Wohl appealed, asserting two arguments: (1) the one-year limitation provision does not apply to her unfair competition claim, and (2) even if it does, State Farm waived the limitation provision. However, the court affirmed the decision of the trial court.

For those who may not be familiar with legal terms, a demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. In this case, State Farm filed a demurrer to Rosenberg-Wohl’s second amended complaint, arguing that it did not state facts sufficient to constitute a cause of action. The trial court sustained the demurrer without leave to amend, meaning that Rosenberg-Wohl could not file another amended complaint.

An unfair competition claim is a type of legal action that alleges that a business has engaged in deceptive or unfair practices that harm consumers or competitors. In this case, Rosenberg-Wohl argued that State Farm’s denial of her claim and its reliance on the one-year limitation provision constituted unfair competition.

A limitation provision is a clause in a contract that limits the liability of one or more parties. In this case, the limitation provision in Rosenberg-Wohl’s insurance policy with State Farm required lawsuits to be started within one year after the date of loss or damage.

This case has important insurance implications for policyholders. It highlights how giant insurance companies like State Farm often obfuscate their responsibility to pay their insured customers and policyholders. The case also raises questions about the fairness of limitation provisions in insurance policies and whether they should be enforced in certain situations.

It is important for policyholders to read and understand the provisions of their policy so that they do not have a similar fate as Rosenberg-Wohl. By being aware of any limitations or exclusions in their policy, policyholders can take steps to protect their rights and ensure that they receive the coverage they are entitled to.

In conclusion, this case serves as a reminder of the importance of carefully reviewing insurance policies and understanding their terms and limitations. It also highlights the need for consumers to be vigilant in protecting their rights and holding insurance companies accountable for their actions.

For more information about this case and other legal news, visit my bio at https://usaherald.com/author/samuel-lopez/

By Samuel Lopez | Legal News Contributor for USA Herald

 

 

Previous Article

Crypto King Jailed for Leaking Ex-Girlfriend’s Love Letters in Alleged Witness Tampering Effort

Read More
1987 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America October 16, 2026
Malibu Fire Forces Hundreds to Flee…

Wildfire in Southern California rarely asks permission. The Bryson Fire,…

By – Tyler Brooks
America October 16, 2026
Tesla Flying Car Roadster Leaps, Flips…

Most car launches involve a spinning platform and some dry…

By – Tyler Brooks
America October 16, 2026
Daylight Saving Time Returns Nov. 1…

Americans will turn their clocks back one hour on Nov.…

By – Jackie Allen
America October 16, 2026
Katie Zacharia Says She Is A…

WASHINGTON – President Donald Trump’s new White House press secretary,…

By – Samuel Lopez
America October 16, 2026
Russian Drone Strikes Hit American Businesses…

Russian drone strikes against American-linked businesses in Ukraine are raising…

By – Jackie Allen
America October 16, 2026
California’s New Mojave Steel Mill Brings…

What Matters in Mojave 1. Pacific Steel Group’s Mojave Micro Mill…

By – Samuel Lopez
America October 16, 2026
Ilhan Omar MIA as Husband Flips…

What Readers Need to Know Federal agents seized Rep. Ilhan…

By – Samuel Lopez
America October 16, 2026
Trump May Replace Susie Wiles as…

Susie Wiles, President Donald Trump’s longtime chief of staff and…

By – Jackie Allen
America October 16, 2026
California Identifies New York Life, Aetna,…

Key Takeaways   California’s Department of Insurance maintains an official…

By – Samuel Lopez
America October 16, 2026
California Ballots: Trump DOJ Targets 20,000…

WASHINGTON — The Trump administration sued California on Thursday, seeking…

By – Michallie Harrison
America October 16, 2026
Starship Launches: SpaceX Seeks 456 Flights…

WASHINGTON — SpaceX wants permission for up to 456 Starship…

By – Michallie Harrison
America October 16, 2026
Three Children, Teacher Killed in Oregon…

BEND, Ore. — An Oregon school shooting killed three children…

By – Michallie Harrison
America October 16, 2026
iPhone Duo Buyers Face December Wait…

CUPERTINO, Calif. — iPhone Duo buyers faced delivery estimates stretching…

By – Michallie Harrison
America October 15, 2026
Starlink Restrictions Hit Ukraine’s Drones; Musk…

WASHINGTON — Starlink restrictions disrupted Ukrainian drone missions this week,…

By – Michallie Harrison
America October 15, 2026
Trump Scraps Hegseth’s Execution Livestream After…

WASHINGTON — President Donald Trump canceled the planned execution livestream…

By – Michallie Harrison
America October 15, 2026
Trump Weighs ‘Mother of All Bombs’…

WASHINGTON — U.S. military planners have developed options to use…

By – Michallie Harrison
America October 15, 2026
Killed by Police Officer? Sandra Birchmore…

The case of Sandra Birchmore, a 23-year-old Massachusetts woman who…

By – Jackie Allen
America October 15, 2026
Katie Zacharia’s Lawyer Claims Trigger Bar…

WASHINGTON — White House press secretary Katie Zacharia faces calls…

By – Michallie Harrison
America October 15, 2026
David Surkamp Rock Singer Passes at…

Some singers fit a genre. Others bend it around their…

By – Rachel Moore
America October 14, 2026
Massive Cyberattack Targets Refrigerators In Supermarkets…

What Shoppers and U.S. Supermarkets Need to Know Hackers remotely…

By – Samuel Lopez
America October 14, 2026
Texas Sues Gerber and Nestlé Alleging…

What Parents Need to Know Texas alleges Gerber’s own testing…

By – Samuel Lopez
America October 14, 2026
Millions of Drivers May Have Fed…

What Drivers Need to Know More than 15 million motorists…

By – Samuel Lopez
America October 14, 2026
OpenAI Says Ex-Employee Took 100+ Secret…

What the Court Fight Just Revealed OpenAI says a former…

By – Samuel Lopez
America October 14, 2026
U.S. Sends Hundreds of Troops Into…

Key Takeaways The United States is reportedly sending roughly 600…

By – Samuel Lopez
America October 13, 2026
Pope Leo XIV’s Surgery Exposes Gap…

By Samuel López | USA Herald VATICAN CITY — As…

By – Samuel Lopez
America October 12, 2026
Selma Blair Faces Issues After Alleged…

Selma Blair, the actress known for her roles in Cruel…

By – Jackie Allen
America October 12, 2026
Medicare Insurer Sues CMS After Star…

What’s at Stake Alignment’s largest California Medicare Advantage contract fell…

By – Samuel Lopez
America October 9, 2026
Mother of Dead Russian Plague Lab…

What Readers Need to Know Darya Shipilova’s mother says the…

By – Samuel Lopez
America October 9, 2026
Cornell Rape Case Raises a Difficult…

SIDEBAR Major research generally places demonstrably false sexual-assault reports at…

By – Samuel Lopez
America October 9, 2026
Kevin Hart’s 2017 Sex Tape Could…

SIDEBAR Kevin Hart’s former assistant Miesha Shakes has identified both…

By – Samuel Lopez
America October 11, 2026
AP Poll Top 25: Georgia Claims…

Georgia has reclaimed the top spot in the AP Poll…

By – Rachel Moore
America October 10, 2026
A.J. Armstrong: Former NFL Player’s Son…

 HOUSTON — Antonio “A.J.” Armstrong Jr., the son of former…

By – Jackie Allen
America October 9, 2026
NFL Pro Tyreek Hill Takes the…

What the Jury Is Hearing Lakeeta “Keeta” Vaccaro Hill testified…

By – Samuel Lopez
America October 9, 2026
Terrell Owens Sued By Nolan Wells’…

What Readers Need to Know Three young men who were…

By – Samuel Lopez
America October 3, 2026
California Sends Cease and Desist Letter…

What Matters in This Fight California regulators have reportedly ordered…

By – Samuel Lopez
America October 3, 2026
Costco Faces $5 Million Sugar-Free Lawsuit…

By Samuel López | USA Herald Costco Wholesale Corporation is…

By – Samuel Lopez

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter