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CONFIDENTIAL

Jan. 14, 1995

Insurance
Breach of Duty
Cross-Complaint

Confidential

Settlement –  $2,900,000

Judge

William F. Rylaarsdam

Court

Orange Superior


Attorneys

Facts

Defendants, 3 insurance carriers, defended their insureds in cremation cases at various times from 1978 to 1984. Plaintiff insurance company refused to defend the same insureds. In Phase I (a declaratory relief cause of action) of the trial, the Court held that Plaintiff had a duty to defend and had acted with unclean hands in refusing to defend. Phase II was the Cross-complaint by the Defendants in Phase I, against the Plaintiff (Cross-defendant) for contributions.

Settlement Discussions

Cross-complainants contend that, after Phase I of the trial, their demand was $4,500,000 and the Cross-defendant's offer was $2,000,000.

Damages

(In the Cross-complaint) approximately $6,000,000 in attorney's fees and prejudgment interest.


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