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CONFIDENTIAL

Nov. 5, 2002

Insurance
Breach of Contract
Breach of Implied Covenant of Good Faith and Fair Dealing

Confidential

Settlement –  $650,000

Judge

Tracy T. Moreno

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Eric R. Logue

Calvin C. Schneider III
(Schneider Law Offices)


Defendant

Daniel Ryan

Marc J. Wodin


Experts

Plaintiff

Daniel McConaughy
(technical)

Panos Z. Marmarelis
(medical)

Gerald Cohen
(medical)

John F. Murphy
(technical)

Richard Haight
(technical)

Defendant

Burt Bernstein
(technical)

Dale E. Barnes Jr.
(medical)

Jennifer L. Polhemus
(technical)

William C. Sims
(technical)

Robert T. Wang M.D., Ph.D.
(medical)

Facts

The plaintiff purchased a life care insurance policy from the defendant on July 1, 1998. In
September 1998, the plaintiffÆs doctor certified her for benefits under the policy as having met
two criteria of activities of daily living (ADL). Thereafter, the plaintiff began receiving in-home
assistance in the ADL for which the defendant refused to pay.

Settlement Discussions

The plaintiff submitted a C.C.P. Section 998 demand of $750,000. The defendant offered $150,000 on the first day of trial. Until the first day of trial, the defendantÆs offer was $15,000.

Damages

$10,382 loss in benefits plus emotional distress.

Other Information

The case was settled on the seventh day of trial.


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