National Home Insurance Company v. AW Associates, No. 3, et al.
Published: May 1, 1999 | Result Date: Jan. 12, 1999 | Filing Date: Jan. 1, 1900 |Case number: 727158 Bench Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
John E. Peer
(Woolls Peer Dollinger & Scher)
Facts
In 1993, plaintiff insurance company insured a structural warranty purchased by two homeowners. The homeowners made a warranty claim in April 1993, which the plaintiff investigated and eventually settled. The plaintiff notified the defendant insurance company of the claim in October 1993, and sent a letter on Oct. 19, 1993, to the defendant proposing a resolution of the claim. The plaintiff claimed the defendant's representative orally committed during a telephone call on Oct. 20, 1993 to contribute $340,000 toward a settlement, which the defendant denied. The plaintiff insurance company, homeowners and the insured brought this action against the defendant insurance company and others. The causes of action asserted against the defendant insurance company were breach of written contract, breach of the covenant of good faith and fair dealing, breach of oral contract and negligent misrepresentation. All causes of action except the plaintiff insurance company's cause of action for breach of oral contract were dismissed prior to trial.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $325,000. The defendant made no offer.
Other Information
The verdict was reached approximately four years and 10 months after the case was filed.
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