Facts

After a fire at plaintiff's restaurant caused $14,000 in damage, the insurance carrier denied plaintiff's claim citing non-payment of premium. Plaintiff filed suit against the carrier for $995,000. At mediation, the carrier threatened to rescind the policy based on alleged false information in the insurance application. Plaintiff settled with the carrier for $75,000.

Plaintiff filed suit against the insurance agents alleging professional negligence and intentional misrepresentation.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the insurance agents placed incorrect information on application on which her signature was forged.

DEFENDANT'S CONTENTIONS:
Defendants contended that the signature and information on the application were obtained from plaintiff, or her father who was acting on plaintiff's behalf. The defense contended that plaintiff reviewed the application and did not correct or change information.

Settlement Discussions

The plaintiff sought $220,000 two weeks before trial. The defendant did not make an offer.

Damages

Plaintiff sought to recover approximately $900,000 in damages for the loss of investment in the restaurant and lost profits due to the restaurant closing after the fire.

Result

Defense verdict.

Other Information

FILING DATE: Dec. 5, 2005.

Deliberation

two hours

Length

five days