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CONFIDENTIAL

Aug. 6, 1994

Declaratory Relief
Insurance Bad Faith

Confidential

Settlement –  $550,000

Facts

Environmental contamination was discovered on Plaintiff's rental property in May of 1991. Upon receipt of third party cross-claims and governmental directives litigated in an underlying environmental contamination lawsuit in Orange County Superior Court, Plaintiff landlord tendered claims (and those of her tenants) to her 3 liability carriers, the Defendants. All carriers refused Plaintiff's tender, including one Defendant carrier which accepted the tender of Plaintiff's tenant, a co-insured. Plaintiff filed suit for declaratory relief, bad faith, and emotional distress. Prior to settlement, Plaintiff prevailed on its Motion for Summary Adjudication on the duty to defend.

Settlement Discussions

Plaintiff contends they demanded a $610,000 package from all Defendants and Defendants offered nothing.

Damages

$550,000.


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