Sussman v. Crestbrook Insurance Company

Opinion

1 || CHRISTIAN T. BALDUCCI Nevada Bar No. 12688 2 cbalducci@maclaw.com 3 MARQUIS AURBACH 10001 Park Run Drive 4 ||Las Vegas, NV 89145 Tel.: (702) 382-0711 5 || Fax: (702) 382-5816 6 Attorneys for Plaintiffs, ERNEST SUSSMAN and FLER SUSSMAN 7 NICOLE M. HAMPTON 8 || Nevada Bar No. 16090 nhampton@lawhhp.com 9 || HINES HAMPTON PELANDA LLP 10 |{400 South 4 St., Ste. 500 Las Vegas, NV 89101 11 || Tel.: (702) 933-7829 Fax: (702) 947-6757

B Attorneys for Defendant, CRESTBROOK INSURANCE COMPANY \4 UNITED STATES DISTRICT COURT Is FOR THE DISTRICT OF NEVADA 16 ERNEST SUSSMAN, an individual; and CASE NO.: 2:24-cv-01228-CDS-NJK 17 || FLER SUSSSMAN, an individual 18 Plaintiffs ORDER APPROVING 19 STIPULATION OF DISMISSAL OF 20 || vs. THE ACTION, WITHOUT PREJUDICE, AND TOLLING OF 21 || CRESTBROOK INSURANCE APPLICABLE STATUTES OF 22 || COMPANY, an Ohio corporation and a LIMITATIONS AND TIME TO SUE wholly owned subsidiary of POLICY PROVISION 23 || NATIONWIDE MUTUAL INSURANCE 24 || COMPANY: DOES I through X, [ECF No. 22] inclusive, and ROE CORPORATIONS I 25 through X, inclusive, 26 Defendants 27 28 STIPULATION OF DISMISSAL AND TOLLING OF APPLICABLE STATUTES OF

1 Plaintiffs ERNEST SUSSMAN and FLER SUSSMAN (“Plaintiffs”), by and 2 through their undersigned counsel of record, and Defendant CRESTBROOK 3 INSURANCE COMPANY (“Defendant”), by and through its counsel of record, hereby 4 jointly stipulate and agree, and respectfully request the Court to order, as follows: 5 1. Plaintiffs, at all relevant times, were insured under a Homeowners policy of 6 insurance issued by Defendant Crestbrook Insurance Company (“Crestbrook”), policy 7 number HO00246389-02, in effect from December 5, 2022 to December 5, 2023, 8 insuring Plaintiffs’ residence located at 9805 Mountain Grove Court, Las Vegas, Nevada 9 (the “Policy”). 10 2. This action derives from a claim made by Plaintiffs to Crestbrook under the 11 Policy for insurance benefits for damage to Plaintiffs’ residence caused by and resulting 12 from a leaking water line located underneath the slab of the residence and damage caused 13 by and resulting from repair of that leaking water line. The Policy does not provide 14 coverage for the cost to repair the leaking water line. 15 3. Plaintiffs have asserted against Crestbrook in the Complaint on file herein 16 causes of action for bad faith violations of NRS 686A.310, breach of contract, and breach 17 of the covenant of good faith and fair dealing. 18 4. Plaintiffs and Crestbrook have agreed and hereby stipulate that Plaintiffs 19 shall dismiss this action, without prejudice, and, in exchange and as consideration for that 20 dismissal, Crestbrook hereby agrees and stipulates that the statute of limitations 21 applicable to the causes of action asserted by Plaintiffs in the Complaint on file in this 22 action as of this date, and the Policy’s one year internal time limitation for bringing a 23 legal action against Crestbrook, found in the Policy’s Property Conditions, item (8), titled 24 Suit Against Us, shall be deemed tolled for a period of two (2) years from the date of said 25 dismissal, such that Plaintiffs may refile the identical causes of action as already exist in 26 the Complaint on file herein, but no others, against Crestbrook within two years from the 27 date of said dismissal and Crestbrook waives the applicable Statute of Limitations and 1 |/internal Policy time limitation to sue as against those identical causes of actions and 2 ||claims if refiled within those two years. 3 5. The agreement by Crestbrook to toll and waive a statute of limitations 4 || defense and the Policy’s internal one year time limitation to sue 1s applicable only as to 5 causes of action already pled against it by Plaintiffs in the Complaint on file in this 6 action as of the date of this Stipulation. Crestbrook reserves the right to assert any and all 7 || defenses, including a statute of limitations defense and/or the Policy’s internal time 8 || limitation to sue, against any new or other causes of action or claims Plaintiffs should, in 9 || the future, assert or file against Crestbrook related to the loss and insurance claim that is 10 || the subject of this action. 11 IT IS SO STIPULATED. 12 B Dated: March 21, 2025 MARQUIS AURBACH 14 By: /s/ Christian Balducci 15 CHRISTIAN BALDUCCI Attorneys for Plaintiffs, 16 ERNEST and FLER SUSSMAN 17 18 Dated: March 21, 2025 HINES HAMPTON PELANDA LLP 19 20 By: /s/ Nicole Hampton Nicole Hampton 21 Attorneys for Defendant, 0 CRESTBROOK INSURANCE COMPANY Based on the parties’ stipulation, this case is 23 dismissed without prejudice, with each party to 24 bear its own Coss and fees. The Clerk of Court is 95 kindly close this case. 26 f / 7 UNITED/S'PATES DISTRICT JUDGE DATED: June 20, 2025 28 STIPULATION OF DISMISSAL AND TOLLING OF APPLICABLE STATUTES OF