Page 1 - COMPLAINT 

Robert E.L. Bonaparte, OSB No. 883411 

E-Mail: bob@bb-law.net 

Shenker & Bonaparte, LLP 

1500 SW 1st Ave., Suite 765 

Portland, OR 97201 

Telephone: (503) 242-0005 

Facsimile: (503) 323-7360 

 Attorneys for Plaintiff Kathy Hoxworth 

UNITED STATES DISTRICT COURT 

 DISTRICT OF OREGON 

PORTLAND DIVISION 

KATHY HOXWORTH, 

 Plaintiff, 

 v. 

TRAVELERS HOME AND MARINE 

INSURANCE COMPANY, 

 Defendant. 

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Case No. 3:15-cv-885 

COMPLAINT 

(Breach of Insurance 

Contract) 

JURY TRIAL REQUESTED 

NATURE OF ACTION 

1. This is an action by plaintiff against her insurer, Travelers Home 

and Marine Insurance Company (“defendant” or “Travelers”), to recover on a 

loss incurred by plaintiff. Although the insurance policy issued to plaintiff by 

Travelers provides coverage, Travelers has failed and refused to provide full 

indemnity owed under the policy. 

PARTIES 

2. Plaintiff Kathy Hoxworth is the owner of property located in 

Clackamas County, Oregon (the “property”). 

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3. Defendant is, and at all material times mentioned herein was, a 

corporation authorized to transact and transacting insurance in the state of 

Oregon. Travelers’ state of incorporation is Connecticut and its principal 

place of business is in Connecticut. 

JURISDICTION 

4. Jurisdiction is proper pursuant to 28 U.S.C. § 1332(a)(1) 

because the amount in controversy exceeds $75,000, exclusive of interest 

and costs, and the action is between citizens of different states. 

5. Venue is proper pursuant to 28 U.S.C. § 1391(a). 

CLAIM 

(Breach of Contract) 

COUNT ONE 

(Breach of Express Contract) 

6. Travelers issued and delivered to plaintiff Homeowners Policy No. 

OM77479930412096331 (the “policy”). 

7. The policy provided insurance against loss or damage caused by 

fire, including but not limited to structure, contents, and additional living 

expense (ALE), and miscellaneous additional coverages. 

8. While the policy was in full force and effect, on November 22, 

2014, plaintiff’s home was damaged by fire, and as a result, plaintiff has 

suffered unreimbursed losses in excess of $180,000, including $75,000 for 

structure, $75,000 for contents, and $30,000 for ALE. 

9. Plaintiff has fully complied with each and every term, condition 

and provision of the policy. 

10. Plaintiff is entitled to attorney fees under O.R.S. 742.061. 

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COUNT TWO 

(Breach of Implied Covenant) 

11. Plaintiff realleges and incorporates by reference the allegations 

in paragraphs 1-10. 

12. Defendant failed to make payment and refused to make 

payment for covered losses, in violation of the policy of insurance, thus 

causing damages to plaintiff. 

13. Defendant violated the implied covenant of good faith and fair 

dealing in failing properly to investigate the loss, adjust the claim, and pay 

plaintiff for all the losses sustained, causing damages to plaintiff, including 

but not limited to, the following conduct: 

a. On or about November 22, 2014, a fire loss caused extensive fire 

and smoke damage to plaintiff’s home and contents. 

b. Plaintiff promptly reported the loss. 

c. More than six months have passed since proof of loss. 

d. Defendant has seriously mis-estimated plaintiff’s structure loss. 

e. Defendant has seriously mis-estimated plaintiff’s contents loss. 

f. Defendant has seriously mis-estimated plaintiff’s ALE loss. 

14. It was foreseeable to defendant that if it breached its obligations 

under the insurance policy, plaintiff would suffer damages. 

15. As a result of the breach of contract by defendant, plaintiff has 

suffered damages as set forth in paragraph 8. 

WHEREFORE, plaintiff prays for judgment against defendant as 

follows: 

(a) For damages in excess of $180,000; 

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(b) For reasonable attorney fees to be determined by the court 

pursuant to O.R.S. 742.061; 

(c) For prejudgment interest from November 22, 2014; 

(d) For plaintiff’s costs and disbursements incurred in this action; 

and 

(e) For such other and further relief as the court deems just and 

equitable. 

 Dated this 22nd day of May, 2015. 

 SHENKER & BONAPARTE, LLP 

 By /s/ Robert E.L. Bonaparte 

 Robert E.L. Bonaparte, OSB No. 883411 

Of Attorneys for Plaintiff Kathy Hoxworth

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