Parker Home Improvement Source Inc. dba Artisan Co. v. Liberty Surplus Insurance Corporation
Published: May 31, 2014 | Result Date: Oct. 11, 2013 | Filing Date: Jan. 1, 1900 |Case number: 8:11-cv-01185-CJC-RNB Verdict – $2,159,850
Court
USDC Central
Attorneys
Plaintiff
Michael G. Dawe
(Prenovost Normandin Bergh & Dawe)
Defendant
Steven T. Adams
(Musick, Peeler & Garrett LLP)
Kenneth G. Katel
(Musick, Peeler & Garrett LLP)
Experts
Plaintiff
David F. Peterson
(technical)
Stephen M. Zamucen
(technical)
Defendant
Gilbert J. Malmgren
(technical)
Facts
Defendant Liberty Surplus Insurance Corp. issued two consecutive commercial general liability insurance policies to Parker Home Improvement Source Inc. dba Artisan Co. Artisan tendered two claims under the policies, each of which was denied by Liberty. Artisan defended it in the two underlying claims, ultimately settled both, and brought suit against Liberty for breach of contract and bad faith.
Prior to trial, the court granted Artisan's motion for summary judgment on its duty to defend claim, finding that Liberty was in breach of its insurance contract.
Result
On Oct. 10, 2013, the jury rendered a verdict in favor of Artisan on its damages claim against Liberty on its breach of contract claim, as well as its claim for breach of the implied covenant of good faith and fair dealing. The jury awarded Artisan $339,848 in contract damages and $700,000 in compensatory damages. The jury found that Liberty Surplus acted with malice, oppression and fraud. The following day, the jury entered a verdict in favor of Artisan for punitive damages in the amount of $1,120,000. Artisan was awarded $2,159,848 in total.
Other Information
FILING DATE: Aug. 9, 2011.
Deliberation
1.5 days
Length
six days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390