This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

May 25, 1996

Insurance
Bad Faith
Failure to Pay

Confidential

Settlement –  $15,000

Judge

John P. Farrell

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Michael A. Bourke


Defendant

Lillian D. Salinger

Patrick T. Madden


Experts

Plaintiff

R. Mark Peard
(technical)

Ragnar Storm Larson
(technical)

Defendant

Joseph E. Thielen
(technical)

David Blumenthal
(technical)

Christopher E. Angelo
( Angelo & DiMonda) (technical)

Donald A. Garrard
(technical)

Facts

The plaintiffs, the insureds, alleged that on August 8, 1992, they suffered a burglary loss at their business. The plaintiffs claimed that the equipment necessary for them to conduct their business was stolen. The plaintiffs submitted a claim to their carrier, the defendant insurance company. The defendant refused to pay the claim. The plaintiffs brought this action againist the defendant based on breach of contract, breach of the implied covenant of good faith and fair dealing and reformation theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $325,000. The defendant made no settlement offers.

Damages

The plaintiffs claimed $547,000 in damages for equipment loss.

Other Information

The settlement was reached approximately two years and two months after the case was filed. A settlement conference was held on April 16, 1996 before Judge Farrell of Los Angeles Superior Court resulting in the reported settlement.


#109483

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390