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Insurance
Breach of Contract
Breach of Covenant of Good Faith and Fair Dealing

Chih Cheng Lan v. Allstate Insurance Company

Published: Aug. 5, 2003 | Result Date: Jun. 3, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CV022398EFS Verdict –  $0

Judge

Edward E. Shea

Court

USDC Central


Attorneys

Plaintiff

Richard A. Stavin

Jeffrey D. Diamond


Defendant

Peter H. Klee
(Sheppard, Mullin, Richter & Hampton LLP)

Nathan S. Arrington


Experts

Plaintiff

James C. Smart
(technical)

Stephen Eisenmann
(technical)

William Hurst
(technical)

Defendant

Edward J. McKinnon
(technical)

Steven A. Coolong
(technical)

John R. Price
(technical)

Anthony Nicoletti
(technical)

Facts

The plaintiff's home, which was insured by Allstate, was damaged in the Jan. 17, 1994 Northridge earthquake. The plaintiff submitted an earthquake claim to Allstate. Allstate investigated the loss, paid the plaintiff $26,884 and closed the claim. In 2001, the plaintiff sued Allstate pursuant to C.C.P. Section 340.9 alleging claims for breach of contract and breach of the implied covenant of good faith and fair dealing. The plaintiff's construction expert testfied that the actual cost of repairing the earthquake damage was $135,000.

Damages

The plaintiff claimed economic damages, emotional distress damages, punitive damages and attorneys fees.

Deliberation

45 minutes

Poll

8-0

Length

six days


#114259

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