Gilberto Alarcon Mortera v. State Farm Fire and Casualty Company

Jackson, Mississippi insurance law lawyer represented Plaintiff, who sued Defendant on a breach of contract theory.



Plaintiff Gilberto Alarcon Mortera ("Mortera”) owns a condominium

unit at the Kona Villa complex in Diamondhead, Mississippi. Around mid-

2018, his unit was damaged after a water leak occurred in the unit above his.



The leak damaged carpeting, drywall, molding and trim, light fixtures,

window blinds, electrical outlets, plumbing fixtures, furniture, and other

accessories. Mortera suffered approximately $59,720.40 in losses. He sought

payment for his damages from State Farm Fire and Casualty Company

("State Farm”). State Farm reviewed the policy under which Mortera

sought to recover and determined it only covered Kona Villa Owners

Association ("Kona Villa”), not Mortera, and that individual unit owners

were responsible for damages to the interior of their units. Mortera then sued

State Farm for breach of contract.



State Farm moved for summary judgment which the district court

granted after determining that Mortera was not a party to the insurance

policy in question and that he was a mere incidental beneficiary and thus

could not sue for recovery. Mortera now appeals the district court's grant of

summary judgment for State Farm

Affirmed