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Insurance
Bad Faith
Recision

General Accident Insurance Company v. Alfred Antonini and Alva Antonini

Published: Apr. 4, 1998 | Result Date: Oct. 2, 1997 | Filing Date: Jan. 1, 1900 |

Case number: H1591604 Verdict –  $0

Judge

Joseph J. Carson

Court

Alameda Superior


Attorneys

Plaintiff

Randall E. Willoughby


Defendant

Jeffrey Ellis


Facts

In 1989, plaintiff/cross-defendant General Accident Insurance Company, issued an insurance binder for defendants/cross-complainants Alfred and Alva Antonini's Oregon ranch, which was in effect when a July 4, 1989, riding accident occurred on the property. After defending a suit arising from the accident, the plaintiff sued to rescind the binder, claiming that the defendants misrepresented horse activities on the ranch in the insurance application. The plaintiff brought this action against the defendants for rescission of the insurance binder. The defendants cross-complained for bad faith.

Settlement Discussions

The defendants/cross-complainants demanded $1.5 million for the severed bad faith cross-complaint. The plaintiff/cross-defendant demanded full waiver of all claims and cross-claims.

Damages

The plaintiff sought a finding that the defendants committed misrepresentation.

Other Information

The verdict was reached approximately five years and three months after the case was filed. General Accident's claim for restitution in excess of $600,000 is under submission. Plaintiff's post-verdict demand on the restitution claim is $200,000.

Deliberation

½ hour

Poll

varied

Length

12 days


#114006

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