The Carlsbad, Calif. property was targeted in a suit by Axis Insurance to try to recover $125 million paid out in claims after the devastating 2014 Poinsettia fire. The suit blamed resort management for causing the fire, which is believed to have started in native vegetation near a concrete cart path close to the seventh fairway of one of LaCosta’s golf courses. The Poinsettia Fire was the second most destructive of the 2014 San Diego County wildfires, causing a fatality in addition to extensive property damage.
A San Diego, Calif. appellate court upheld a judgment on September 11th in favor of Carlsbad, Calif.’s Omni La Costa Resort & Spa, which was targeted in a suit by Axis Insurance to try to recover $125 million paid out in claims after the devastating 2014 Poinsettia fire that caused a fatality and extensive property damage in San Diego County.
The ruling in Axis Insurance Company v. Omni Hotels Management was upheld in a 2-1 decision by a three-judge panel of the 4th District Court of Appeal.
“We care deeply for everyone whose lives were impacted by this wildfire. However, this ruling further vindicates that our client [Omni Hotels Management] was not to blame,” said Attorney Susan Oliver of Tyson & Mendes LLP. “The plaintiff simply could not meet its burden to show that Omni caused the fire.”
The Poinsettia fire started mid-morning May 14, 2014 and caused extensive damage to neighboring commercial and residential properties. The fire is believed to have started in native vegetation near a concrete golf cart path close to the seventh fairway of one of La Costa’s golf courses.
“Despite Omni’s efforts to suppress the fire, it was fueled by hot, dry Santa Ana winds and spread across hundreds of acres of property in Carlsbad —including property insured by Axis,” said Attorney Dana Furman of Tyson & Mendes LLP. “It was an unfortunate act of nature and all parties involved deeply regret the damage this wildfire caused.”
C&RB reported on the possibility of Omni La Costa Resort & Spa facing a potential lawsuit due to the fire in October 2014.