Olsher v. Fire Insurance Exchange
Published: Sep. 27, 1997 | Result Date: Aug. 21, 1997 | Filing Date: Jan. 1, 1900 |Case number: 695784 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Kenneth N. Greenfield
(The Greenfield Law Firm)
Experts
Plaintiff
Aaron Rosenbloom
(technical)
Robert Holiday
(technical)
Defendant
Dennis E. Parra
(technical)
Kenneth Hobbs
(technical)
Stanley Luk
(technical)
Facts
On Jan. 4, 1995, a storm consisting of rain and strong winds caused shingle debris to dislodge from the plaintiffs' roof. The shingle debris was swept into the extertior drain system adjacent to the plaintiffs' home. The drains clogged with the debris, which caused water to accumulate and to penetrate into the plaintiffs' home. The plaintiffs contended that the efficient proximate cause of the damage was wind, which set a chain of events in motion resulting in plaintiffs' loss. The defendant contended that the efficient proximate cause of the damage was water and that water damage was specifically excluded under the policy. The defendant argued that efficient proximate cause is defined by case law as the "predominant" cause, not the triggering or moving cause (as argued by the plaintiffs). The defendant declined to pay on the claim. The plaintiffs brought this action against the defendant based on bad faith and breach of contract theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $99,999.99. The defendant mde a C.C.P. º998 offer of $33,001.
Damages
The plaintiff claimed $131,311.25 damages.
Other Information
The verdict was reached approximately one year and nine months after the case was filed.
Length
4 days
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