Richter v. Western States Insurance

Raymond Richter, Connie Richter, Dominic Messi, and Linda Messi, d/b/a Connie’s Boutique (plaintiffs), brought an action against Western States Insurance Company (defendant) for breach of a commercial insurance contract and vexatious refusal to pay. The trial court dismissed plaintiffs’ action with prejudice. We affirm.

Plaintiffs suffered a fire loss at Connie’s Boutique. The parties were unable to agree on the amount of the loss. Plaintiff filed suit, and defendant filed a motion to dismiss and a motion to compel an appraisal, based on a policy provision:

"If the named insured and the Company…