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.

Insurance
Bad Faith
Coverage Denied

Coast Converters Inc. v. Federal Insurance Company; Aniello Insurance Agency Inc., and Does 2 through 10 inclusive

Published: Mar. 24, 2012 | Result Date: Apr. 15, 2011 | Filing Date: Jan. 1, 1900 |

Case number: A533484 Verdict –  $9,054,580

Court

Clark County District, Nevada


Attorneys

Plaintiff

Robert A. Carlson

David S. Lee


Defendant

James P.C. Silvestri

Lee E. Hejmanowski
(Caldarelli, Hejmanowski, Page & Leer LLP)

Gerald L. McMahon

Riley A. Clayton

James P. Delphey


Experts

Plaintiff

Sharon J. McNair
(technical)

Stig Nilsson
(technical)

Charles D. Henderson
(technical)

Defendant

Clinton Cowen
(technical)

LeRoy M. Gaintner
(technical)

Facts

Coast Converters Inc. purchased insurance from Federal Insurance Co. based on Aniello Insurance Agency's recommendations. Aniello was an insurance broker. Aniello procured additional coverage through Federal, setting coverage limits at $7 million. Coast suffered from losses due to the failure of the electrical system in one of its facilities. Federal failed to acknowledge coverage for the losses and made insufficient payments. Federal also filed a subrogation action against third party defendants that were later dismissed. Coast thereafter sued Aniello for breach of insurance contract for failing to procure sufficient coverage, and negligence.

Aniello settled with Coast before the trial for $275,000. Coast, additionally, recovered $2,575,000 from electrical contractors.

Damages

Coast allegedly suffered $10 million in losses.

Result

The jury rendered a verdict in favor of Coast for $4,005,866 for breach of the insurance contract and an additional $5,048,717 for violations of the Nevada Unfair Claims Practices Act. Amended judgment against Federal has been entered in the amount of $10,078,194.28 reflecting fees, costs, and prejudgment interest. The case is now on appeal with the Nevada Supreme Court.


#111314

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

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