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Contracts
Breach of Contract
Oral Agreement

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

John C. Woolley

Court

Orange Superior


Attorneys

Plaintiff

Jeffrey A. Dains

Robert T. Wittrig


Defendant

John E. Peer
(Woolls Peer Dollinger & Scher)

Christine A. Roney


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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