Victaulic Co. v. American Home Assurance Co., et al.
Published: Sep. 26, 2015 | Result Date: Aug. 5, 2015 | Filing Date: Jan. 1, 1900 |Case number: RG12642929 Verdict – $55,300,000
Court
Alameda Superior
Attorneys
Plaintiff
Jeffrey A. Kiburtz
(Covington & Burling LLP)
Defendant
Karen Rosenthal
(Office of the San Mateo County Counsel)
William J. Goines
(Greenberg Traurig LLP)
Experts
Plaintiff
William D. Hager
(technical)
James P. Schratz
(technical)
Jeffrey M. Posner
(technical)
Defendant
Alan D. Windt
(technical)
Facts
Plaintiff Victaulic Co. filed suit against defendant American Home Assurance Co., claiming defendant was obligated to defend plaintiff in various underlying product defect cases.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant had issued plaintiff commercial general liability policies for over 10 years, between 2001 and 2012. Plaintiff was sued in various underlying product defect cases. Plaintiff claimed that defendants were obligated to defend, but failed to do so, and that defendants' failure was unreasonable (bad faith) and malicious (punitive damages).
DEFENDANT'S CONTENTIONS:
Defendants denied plaintiff's contentions and asserted that they defended plaintiff in the underlying actions and acted reasonably.
Result
Verdict for the plaintiff. Plaintiff was awarded approximately $1.1 million in breach of contract damages, $8.2 million in "Brandt" (attorney) fee damages, and $46 million in punitive damages, for a total of $55.3 million.
Other Information
FILING DATE: Aug. 9, 2012.
Deliberation
one day
Length
seven weeks
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