David Tennis, Donna Tennis v. Wawanesa General Insurance Company
Published: May 6, 2003 | Result Date: Apr. 18, 2003 | Filing Date: Jan. 1, 1900 |Case number: 787385 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Craig A. Miller
(Miller & Calhoon)
Defendant
Kenneth N. Greenfield
(The Greenfield Law Firm)
Experts
Defendant
Kenneth M. Clark
(technical)
Boyd A. Veenstra
(technical)
Facts
The plaintiffs had resided in their house in Alta Loma for 16 years. On March 3, 2001, a rain storm hit their wood shake roof, resulting in water leakage to their bedroom and closet. They made a claim with their insurance carrier, Wawanesa, and six weeks later, the carrier paid the sum of $4,900 to repair the roof and to restore the interior of the house to its pre-loss condition. The plaintiffs contended, however, that the amount paid was inadequate to effectuate the repairs. In addition, they claimed that a toxic mold condition had developed in the house as a result of the water leak and sought nearly $50,000 more for mold remediation and restoration. When Wawanesa refused further payment, the plaintiffs hired a public adjuster to assist them. Wawanesa re-opened its file and after reconsidering its position, paid an additional $5,000. Still dissatisfied, the plaintiffs filed suit for breach of contract and insurance bad faith.
Damages
The plaintiffs claimed $25,000 in incurred additional living expenses, the loss of the equity in their house when they had to sell it due to its mold condition ($150,000) and emotional distress ($500,000).
Result
The jury found that the wear and tear and deterioration language of the policy excluded the plaintiff's water loss from coverage.
Deliberation
4.5 hours
Poll
9-3
Length
10 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390