Gary Messenger v. Provident Mutual Life Insurance Company
Published: Sep. 19, 1998 | Result Date: May 6, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC153991 Bench Verdict – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Martin E. Rosen
(Hinshaw & Culbertson LLP)
Experts
Plaintiff
Diane Barrows
(technical)
Michael Maidy
(technical)
Jayne A. Goldstein
(Shepherd, Finkelman, Miller & Shah LLP)
(medical)
Curt Sandman
(medical)
Renee Z. Rinaldi
(medical)
Robert Mueller
(medical)
Linda Miller Iger
(medical)
Defendant
Kyle B. Boone Ph.D.
(medical)
Arthur P. Kowell M.D., Ph.D.
(medical)
Richard D. Meyer
(medical)
Russell Steingold
(technical)
Carolyn Holmquist
(technical)
Facts
Plaintiff Gary Messenger, a 39-year-old chief executive officer (CEO) of a small garment manufacturing firm, purchased a disability insurance policy from defendant Provident Mutual Life Insurance Company. The policy called for payments of $3,950 per month for life in the event of disability. In 1989, plaintiff claimed to be suffering from chronic fatigue syndrome, a disabling disease. Defendant Provident Mutual Insurance Company paid plaintiff's benefits, but contested the claim. The plaintiff brought this action against the defendant based on bad faith theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $300,000. The defendant made an offer of compromise for $100,000.
Damages
The plaintiff sought disability benefits of $3,950 per month for life.
Other Information
The court ruling was made approximately one year and nine months after the case was filed.
Length
five days
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