Manuel Hein and Pamela Hein v. Allstate Insurance Company
Published: Oct. 10, 1998 | Result Date: Jul. 16, 1998 | Filing Date: Jan. 1, 1900 |Case number: YC022380 Verdict – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Sassoon Sales
(Law Office of Sassoon Sales)
Defendant
Michael M. Pollak
(Pollak, Vida & Barer)
Experts
Plaintiff
Thomas A. Campbell
(technical)
David C. Peterson
(technical)
Defendant
Rex Michel
(technical)
Mike Pierce
(technical)
Boyd A. Veenstra
(technical)
Leroy Lester
(technical)
Rod Whitfield
(technical)
Jane Christen
(technical)
Facts
On Nov. 1, 1993, one of the plaintiffs' boats, the Skip, allegedly accidentally sank in the Catalina Channel at about 6:30 a.m. Before the incident, the plaintiffs had purchased a second boat, the Rocinante. When the commercial fishing season ended in the fall of 1993, they took both boats from Half Moon Bay down the coast with a friend on their way to their annual vacation in Mexico. They claimed that they left Cat Harbor, on the back side of Catalina, at 3:30 a.m., with Pamela Hein on the skip and Manuel Hein on the Rocinante. They alleged that the Skip bumped an object at Cat Harbor; that Pamela Hein repeatedly checked under the deck but found no water until about 6 a.m., and that when Pamela Hein discovered the water, the Skip sank within minutes, before either plaintiff could call the Coast Guard. There were no witnesses. Manuel Hein allegedly rescued Pamela Hein, and they continued to travel together on the Rocinante. This claim was one of seven boat claims that the plaintiffs made to Allstate in 10 years. Allstate retained several marine surveyors and an attorney to investigate the plaintiffs' claim. In January 1994, Allstate denied the claim on the grounds that there was no accidental sinking, and that the plaintiffs had lied to Allstate. The plaintiffs brought this action against the defendant based on breach of contract and bad faith.
Settlement Discussions
The plaintiffs made a settlement demand for $1 million. The defendant offered $10,000.
Damages
The plaintiffs claimed $50,000 for the boat, $5,000 for boat equipment, and loss of income. They also sought damages for emotional distress and punitive damages.
Other Information
The verdict was reached approximately three years and seven months after the case was filed. The court allowed evidence of the details of one of the plaintiffs' prior claims, a 1989 boat sinking. As to the 1989 claim, Allstate introduced evidence that the plaintiffs sold equipment off the boat beforehand; they used the boat primarily as a houseboat; that Manuel Hein took the boat out on a foggy day where he would not be seen; and that he started a fire on the boat. One witness testified by videotaped deposition that Manuel Hein told him afterwards that "we made out pretty good on that deal." The Half Moon Bay harbormaster and a harbor patrolman testified that when Manuel Hein learned that they were going to testify at trial, he visited them, did not deny that he sank the boat when they accused him of it, and encouraged them not to testify that he had sold equipment off his boat beforehand. The trial was bifurcated, with the jury not considering the issues of bad faith unless the jury determined that the plaintiffs were entitled to recover. On Aug. 11, 1998, the court denied the plaintiffs' motion for a new trial.
Deliberation
three hours
Poll
12-0
Length
seven days
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