Farmers Insurance Exchange as subrogee of Roberta Godfried v. Christopher Chappel
Published: Jul. 22, 2003 | Result Date: Jun. 27, 2003 | Filing Date: Jan. 1, 1900 |Case number: SB02C01927 Verdict – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Facts
The plaintiff sought $24,085 in property damage and loss of use. The defendant admitted liability but argued that the plaintiff did not meet its burden of proof on damages, causation and contract rights and duties. The underlying suit related to an incident where a defendant, DUI, struck the plaintiff insurance company's policy holder's parked vehicle.
Settlement Discussions
The defendant offered his policy limits of $10,000. The plaintiff's last offer was $17,500 with the payment of $10,000 immediately and payment of $7,500 over two years requiring entry of judgment against the defendant.
Damages
Property damage and loss of use total, $24,085.
Other Information
The defendant filed a motion for nonsuit based upon the plaintiff's failure to produce a copy of the operative insurance contract. The defendant argued the terms of that contract were at issue because in the complaint, the plaintiff pleaded subrogation and duty to pay based upon "a valid contract of insurance." The court denied the motion but allowed the jury instructions that put the issue before the jury.
Deliberation
one hour
Length
two days
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