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CONFIDENTIAL

Sep. 19, 1998

Insurance
Bad Faith
Breach of Contract

Confidential

Settlement –  $650,000

Judge

Barbara Zuniga

Court

Contra Costa Superior


Attorneys

Plaintiff

Douglas E. Lord


Defendant

Fred M. Feller


Experts

Plaintiff

Keith Charleston
(technical)

Defendant

Paul Hamilton
(technical)

Facts

On June 10, 1994, plaintiff, a 76-year-old contractor, was brutally beaten and robbed in his home. Over $40,000 worth of jewelry, firearms, clothing and other property were taken. Plaintiff and plaintiff's wife submitted the claim to their homeowners' insurance carrier, and, after a lengthy investigation, including examinations taken under oath, the insurer denied the claim on various grounds. The plaintiffs brought this action against the defendant based on breach of contract, bad faith and infliction of emotional distress theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $1.5 million. The defendant made a C.C.P. º998 offer of compromise for $140,000.

Damages

The plaintiffs claimed $41,000 in stolen personal property.

Other Information

The settlement was reached approximately 1+ years after the case was filed, on the first day of trial, with the assistance of Judge Zuniga.


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