Saturday, April 19, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Pepperbelly’s owner sues insurers over fire coverage

By
From page A6 | February 05, 2014 | 7 Comments

FAIRFIELD — A lawsuit by Pepperbelly’s against its insurers in connection with the Jan. 25, 2013, fire is an administrative filing and doesn’t reflect a disagreement between comedy club owner Dave Wayne Mayhew and his insurers, says the attorney for Pepperbelly’s.

Tim Jones on Tuesday said his Jan. 24 filing in Solano County Superior Court reflects the one-year statute of limitations for such civil cases involving real estate and insurance.

Jones said he believes the matter will be dismissed before the May 8 management conference scheduled in Vallejo before Judge Michael Mattice.

“You file a complaint out of an abundance of caution,” Jones said.

The attorney said he understands the cause of the fire to be old electrical wires that shorted out.

Reach Ryan McCarthy at 427-6935 or rmccarthy@dailyrepublic.net.

LEAVE A COMMENT

Discussion | 7 comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • boomFebruary 04, 2014 - 12:26 am

    Interesting you go to up your insurance, then 6 days later the building burns down.

    Reply | Report abusive comment
  • Blanca BotwinFebruary 04, 2014 - 4:59 am

    @Boom-That's a VERY good point. Also, what about "Mayhew said in the suit that he had an oral contract for the insurer to research an adequate policy." What? An "oral contract" with your insurance company? Who does that? ALL my contracts with my insurance are in writing, AND "research an adequate policy." RESEARCH does not mean you have something, and maybe the insurance co found that $1mil was "ADEQUATE." Guess this means Pebberbelly's is no more,forever.

    Reply | Report abusive comment
  • Mr. PracticalFebruary 04, 2014 - 6:16 am

    The date isn't really that suspicious. My guess is that Mayhew was shopping for a new policy at renewal. The date most likely corresponds to the date Mayhew bought the building. I doubt Mayhew ever requested a specific amount of coverage. It doesn't work that way. Usually it's the agents job to calculate the replacement cost or the carrier (in this case Crusader) will use software to come up with the correct amount of coverage. I believe the DR used the wrong term in saying the alleged oral contract is with the "insurer." The oral contract would be with the agent/broker who does in fact have an obligation to propose adequate coverage. Only covering a building to 50 percent is odd. Either Mayhew gave the agent erroneous info regarding the size and construction features of the building or the agent miscalculated the replacement cost by either from an honest mistake or purposely trying to get a more competitive premium. There isn't enough info in the article to really determine where the fault lies.

    Reply | Report abusive comment
  • The MisterFebruary 04, 2014 - 6:52 am

    Just like Larry Silverstein upping his insurance on the World Trade Centers... double if hit by terrorists... and, waddayaknow, "terrorists" fly into 2 of his buildings, knocking 3 of them down! I'll sure bet old Larry Silverstein was surprised at that!

    Reply | Report abusive comment
  • WherethereissmokeFebruary 04, 2014 - 7:34 am

    Yes the timing of the 'orally' increased insurance is definitely interesting.... And if I am understanding this correctly he already has 1 million in his pocket and he has done absolutely nothing to the building... not even anything to protect it from the elements. This will eventually be torn down at taxpayers expense...

    Reply | Report abusive comment
  • TylerFebruary 04, 2014 - 6:16 am

    I think the oral contract was Mayhew asking these insurance brokers to find an adequate policy. His mistake was trusting the results. I had an awful experience with this insurance broker after it changed hands a few years ago. My homeowners policy lapsed because they didn't respond to the escrow manager's request for an invoice, no response to either them or me. I moved the policy to a different broker.

    Reply | Report abusive comment
  • Mr. PracticalFebruary 04, 2014 - 6:18 am

    Tyler, you are exactly right. This is most like going to be an errors and omissions case.

    Reply | Report abusive comment
.

Solano News

Transplant recipients talk about their best gifts

By Amy Maginnis-Honey | From Page: A1 | Gallery

 
Solano unemployment inches downward

By Barry Eberling | From Page: A1

 
Spering, Bertani spar over fighting crime

By Ryan McCarthy | From Page: A3, 5 Comments | Gallery

 
Fairfield council candidates weigh in on crime

By Ryan McCarthy | From Page: A3 | Gallery

 
Police release name of woman found dead in Fairfield canal

By Ryan McCarthy | From Page: A3 | Gallery

 
Five homes featured on Symphony Home Tour

By Amy Maginnis-Honey | From Page: A4

Congregation invites public to Easter music, message

By Amy Maginnis-Honey | From Page: A4

 
Jury acquits substitute teacher in child abuse case

By Jess Sullivan | From Page: A4

Weather for April 19, 2014

By Daily Republic | From Page: B13

 
.

US / World

California farmers to get more water

By The Associated Press | From Page: A1

 
Teen sentenced in Oakland toddler’s killing

By The Associated Press | From Page: A4

More Latino than white students admitted to UC

By The Associated Press | From Page: A4

 
3 alleged gang members convicted of murder

By The Associated Press | From Page: A5

Health care site flagged in Heartbleed review

By The Associated Press | From Page: A5

 
From Clinton to Obama, many parallels

By The Associated Press | From Page: A5

Study: Half of jailed NYC youths have brain injury

By The Associated Press | From Page: A5

 
PG&E to be arraigned in fatal pipeline blast

By The Associated Press | From Page: A5

Mom and son who died in San Francisco fire ID’d

By The Associated Press | From Page: A5

 
Easter on 4/20, pot holy day; pastors reach out

By The Associated Press | From Page: A8

Colorado deaths stoke worries about pot edibles

By The Associated Press | From Page: A8

 
NASA’s moon-orbiting robot crashes down as planned

By The Associated Press | From Page: A8

Atheist national conference aims at Mormon church

By The Associated Press | From Page: A8

 
Some countries get Obama, but want his wife, too

By The Associated Press | From Page: A9

Man who avoided prison is overwhelmed by support

By The Associated Press | From Page: A9

 
Teen suspended for asking Miss America to prom

By The Associated Press | From Page: A9

White House updating online privacy policy

By The Associated Press | From Page: A9

 
SpaceX making Easter delivery of station supplies

By The Associated Press | From Page: A9

Sudden movement raises alarm in Wyoming slide area

By The Associated Press | From Page: A9

 
In Egypt, a corruption watchdog hit by backlash

By The Associated Press | From Page: A12

Military scales down, modifies Guam buildup plan

By The Associated Press | From Page: A13

 
Captain of sunken SKorean ferry arrested

By The Associated Press | From Page: A13

Avalanche sweeps down Everest, killing at least 12

By The Associated Press | From Page: A13

 
57-nation OSCE plays key Ukraine monitoring role

By The Associated Press | From Page: A14

Ukraine crisis: The turning points

By The Associated Press | From Page: A14

 
Diplomacy doesn’t move insurgents in Ukraine

By The Associated Press | From Page: A14

Magnitude-7.2 earthquake shakes Mexican capital

By The Associated Press | From Page: A14

 
.

Opinion

Here we go again in Sacramento

By Letter to the Editor | From Page: A11

 
.

Living

.

Entertainment

Prince reaches agreement with music label

By The Associated Press | From Page: B14

 
‘The Boondocks’ back for final ‘offensive’ season

By The Associated Press | From Page: B14

A nutty finale for ‘Scandal,’ TV’s craziest show

By The Associated Press | From Page: B14

 
Stratocaster still a favorite at 60

By The Associated Press | From Page: B14

.

Sports

Big innings lift Mustangs over Indians

By Paul Farmer | From Page: B1 | Gallery

 
Hertl has impressive playoff debut for Sharks

By The Associated Press | From Page: B1

Warriors and Clippers take dislike to playoffs

By The Associated Press | From Page: B1

 
Ross, Padres beat Cain and Giants 2-1

By The Associated Press | From Page: B1 | Gallery

A’s come out swinging to beat Astros 11-3

By The Associated Press | From Page: B1

 
Warriors to start O’Neal for Bogut vs. Clippers

By The Associated Press | From Page: B1

Nadal ousted by Ferrer in Monte Carlo quarters

By The Associated Press | From Page: B2 | Gallery

 
A’s lefty reliever Doolittle gets 5-year deal

By The Associated Press | From Page: B2 | Gallery

’40-and-up club’: Ageless Hopkins after more belts

By The Associated Press | From Page: B2

 
Jimenez shoots 65 to lead Greater Gwinnett field

By The Associated Press | From Page: B2

Solano scores in ninth for 2-1 BVC baseball win over Yuba

By Daily Republic staff | From Page: B2

 
Choi leads rain-delayed RBC Heritage

By The Associated Press | From Page: B2 | Gallery

NBA’s Silver wants age limit change, no rush on others

By The Associated Press | From Page: B2

 
NBA playoffs looking more wide-open than expected

By The Associated Press | From Page: B2

Source: Grizzlies’ G Calathes suspended for 20 games

By The Associated Press | From Page: B2

 
Avalanche sweeps down Everest, killing at least 12

By The Associated Press | From Page: B2

Mets trade 1B Ike Davis to Pirates

By The Associated Press | From Page: B2

 
TNT’s Sager to miss NBA playoffs due to leukemia

By The Associated Press | From Page: B2

.

Business

Judge says American can’t end retiree benefits yet

By The Associated Press | From Page: B10

 
Mazda recalls 109,000 older SUVs for rust problem

By The Associated Press | From Page: B10

5 features an Amazon phone might offer

By The Associated Press | From Page: B10

 
.

Obituaries

Sealwyn Shirley Brucefield Shepherd Malkiewicz

By Nancy Green | From Page: A4

 
.

Comics

Sally Forth

By Daily Republic Syndicated Content | From Page: B6

 
.

Home Seller 04/19/14

Summerwood features 8 new homes in Suisun

By Daily Republic | From Page: HSR2

Real estate transactions for April 19, 2014

By Daily Republic | From Page: HSR3

Average US 30-year mortgage rate falls to 4.27 percent

By The Associated Press | From Page: HSR3