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 Sean Sullivan 

UNITED STATES DISTRICT COURT 

 DISTRICT OF OREGON 

PORTLAND DIVISION 

SEAN SULLIVAN, 

 Plaintiff, 

 v. 

SCOTTSDALE INSURANCE 

COMPANY, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 

COMPLAINT 

(Breach of Insurance 

Contract) 

JURY TRIAL REQUESTED 

NATURE OF ACTION 

1. This is an action by plaintiff against his insurer, Scottsdale 

Insurance Company (“defendant” or “Scottsdale”), to recover on a loss 

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

Scottsdale provides coverage, Scottsdale has failed and refused to provide 

full indemnity owed under the policy. 

PARTIES 

2. Plaintiff Sean Sullivan is the owner of property located in Coos 

County, Oregon (the “property”). 

Case 3:16-cv-00426-SB Document 1 Filed 03/08/16 Page 1 of 4
Page 2 - COMPLAINT 

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

corporation authorized to transact and transacting insurance in the state of 

Oregon. Scottsdale’s state of incorporation is Ohio and its principal place of 

business is in Ohio. 

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). 

FIRST CLAIM 

(Breach of Contract) 

COUNT ONE 

(Breach of Insurance Policy) 

6. Scottsdale issued and delivered to plaintiff Policy No. 

CPS2103786 (the “policy”) in effect from November 3, 2014 through 

November 3, 2015. 

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

fire to a building owned by plaintiff. At all times material, the policy 

provided for a total of $525,000 insurance coverage for damage to plaintiff’s 

building. 

8. While the policy was in full force and effect, on December 30, 

2014, plaintiff’s building was destroyed by fire, and as a result, plaintiff 

suffered losses in excess of $525,000. 

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

and provision of the policy. 

Case 3:16-cv-00426-SB Document 1 Filed 03/08/16 Page 2 of 4
Page 3 - COMPLAINT 

10. Plaintiff submitted a proof of loss in excess of policy limits. 

Scottsdale has only paid $325,000. There remains due and owing by 

defendant to plaintiff the amount of $200,000. 

11. Plaintiff is entitled to attorney fees under O.R.S. 742.061, and 

prejudgment interest under Oregon law. 

COUNT TWO 

(Implied Covenant) 

12. Plaintiff realleges and incorporates by reference the allegations 

in paragraphs 1-11. 

13. 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. 

14. 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: 

a. On or about December 30, 2014, fire loss caused extensive 

damage to plaintiff’s building. 

b. Plaintiff promptly reported the loss. 

c. More than six months have passed since plaintiff’s submission of 

proof of loss. 

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

under the insurance policy, plaintiff would suffer damages. 

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

suffered damages as set forth in paragraph 10. 

WHEREFORE, plaintiff prays for judgment against defendant as 

follows: 

Case 3:16-cv-00426-SB Document 1 Filed 03/08/16 Page 3 of 4
Page 4 - COMPLAINT 

(a) For damages in the sum of $200,000; 

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

pursuant to O.R.S. 742.061; 

(c) For prejudgment interest from December 30, 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 3rd day of March, 2016. 

 SHENKER & BONAPARTE, LLP 

 By /s/ Robert E.L. Bonaparte 

 Robert E.L. Bonaparte, OSB No. 883411 

Of Attorneys for Plaintiff

Case 3:16-cv-00426-SB Document 1 Filed 03/08/16 Page 4 of 4