Confidential
Settlement – $400,000Court
USDC Southern District of California
Attorneys
Plaintiff
Craig A. Miller
(Miller & Calhoon)
Experts
Plaintiff
Harry A. Woods Jr.
(medical)
Harold C. Cox
(technical)
Defendant
Charles Ettari
(medical)
B.B. Yarbrough
(technical)
Facts
The plaintiff, a 52-year-old real estate broker, could not perform the substantial and material duties of his profession because of various mental problems. The defendant insurance company first denied his claim and then agreed to pay disability benefits. After a buy-out attempt proved unsuccessful, the defendant sent the plaintiff to an independent medical examination. The medical examiner determined that the plaintiff was no longer disabled and the defendant terminated the plaintiff's claim. The plaintiff brought this action against the defendant based on tortious breach of contract theories of recovery.
Settlement Discussions
No settlement discussions (formal) were entered into before the settlement conference.
Damages
The plaintiff claimed $72,000 in contractual damages in addition to damages for emotional distress and punitive damages.
Other Information
The settlement was reached approximately two years and three months after the case was filed. A settlement conference was held on September 2, 1995, before the Hon. Lawrence Irving resulting in the settlement.
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