Confidential
Settlement – $650,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Calvin C. Schneider III
(Schneider Law Offices)
Defendant
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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