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
Breach of Contract

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

Kristin F. Godeke

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


#111747

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

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