The Deckers filed a $60 million lawsuit against
Chubb in January, saying the insurer failed to pay out “without reasonable justification.” The couple seeks $15 million plus $44.9 million in punitive damages.
This week, however, Chubb sent a special investigation report to the US District Court where the case is being heard, claiming the couple violated the “concealment or fraud” clause of their homeowners policy.
Specifically, the insurer alleges the Deckers made statements that concealed or misrepresented the following:
- The condition of the property on the day of the fire
- The cost to develop and construct the property
- Efforts to sell the property after the fire
- The amount and type of currency in safes on the property at the time of the fire
The investigation report prepared by Chubb cites Indian Hill Rangers who said Jeffrey Decker made cell phone calls that pinged off a tower near the mansion on the day of the fire. The pings were recorded during times Decker claimed to be away from the house.
Additionally, Decker claimed to have $500,000 in cash in one of the safes in his home; Decker, however, denies making the statement.
“When the safes were eventually opened in the presence of law enforcement, Mr. Decker changed his story about the cash and said he had between $40,000 and $80,000 inside the safe,” Chubb said.
Maria Decker is also accused of hiding conversations with family members and real estate agents before the fire regarding the Deckers’ intention to sell the home.
Despite significant investigation by state and federal fire investigators, the official cause of the fire was “undetermined.”
A hearing for expert testimony on behalf of the Deckers is scheduled from January 1, 2016. Chubb, meanwhile, is presenting expert testimony on February 15.
Chubb National is also asking for a dismissal of the Deckers’ claims, and that the Deckers pay interest, cost and attorneys’ fees the insurer has incurred during the suit.
