James Rozelle v. Allstate Insurance Company
Published: Jan. 25, 1997 | Result Date: Sep. 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC111385 – $0
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Michael M. Pollak
(Pollak, Vida & Barer)
Experts
Plaintiff
Lloyd Fritz Daviscourt
(technical)
Facts
Plaintiff James Rozelle, a 47-year-old unemployed LAUSD teacher on stress disability leave, sued defendant Allstate Insurance Company for insurance bad faith and breach of insurance contract arising out of two insurance claims for an alleged burglary on Aug. 10, 1993, and damage to personal property following the Jan. 17, 1994 earthquake. Following the 13-day trial, Judge James E. Satt granted Allstate's motion for nonsuit after presentation of the plaintiff's case, based upon the plaintiff's material misrepresentations regarding his claims. Judge Satt found that the plaintiff continuously misrepresented himself in the two insurance claims that were the subject of the lawsuit. The plaintiff claimed he presented evidence of inadvertently providing Allstate with one receipt for property stolen in a prior burglary, which the court cited as one example of misrepresentation. The plaintiff brought this action against defendant Allstate based on insurance bad faith and breach of insurance contract theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed. The defenant offered to waive costs in exchange for a dismissal.
Damages
The plaintiff claimed approximately $25,000 in economic damages for the unpaid claim and an unspecified amount in attorney's fees. The plaintiff also sought punitive damages.
Other Information
The award was reached approximately two years and two months after the case was filed. The plaintiff filed notice of appeal on Dec. 17, 1996. Judge James E. Satt determined that the plaintiff had acted with a "chameleon-like grace" in changing his story. The plaintiff submitted to Allstate a receipt for a diamond ring that purportedly was taken in August 1993, which was identical to a receipt that he submitted to Traveler's Insurance Company for a ring that purportedly was taken in 1990.
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