City of San Diego v. Lexington Insurance Company
Published: Dec. 6, 2008 | Result Date: Oct. 10, 2008 | Filing Date: Jan. 1, 1900 |Case number: 3:07-cv-00475-DMS-NLS Settlement – $1,625,000
Court
USDC Southern District of California
Attorneys
Plaintiff
Craig A. Miller
(Miller & Calhoon)
Defendant
Keith E. Butler
(Burkhalter, Kessler, Clement & George LLP)
Ian R. Feldman
(Clausen Miller PC)
Facts
Plaintiff city of San Diego sued defendant Lexington Insurance Co. for breach of contract and bad faith arising from the insurer's denial of plaintiff's claim for lost revenue caused by the Cedar Fire that occurred on Oct. 27, 2003.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended it lost approximately $550,000 in business revenue when the San Diego Chargers-Miami Dolphins Monday Night Football game was moved from Qualcomm Stadium to Arizona because of the significant ash accumulation from the Cedar Fire. The plaintiff submitted several claims to defendant, who determined the lost revenue was not the result of property damage, which was required for coverage under the policy.
DEFENDANT'S CONTENTIONS:
The defendant contended plaintiff cancelled the game due to poor air quality and lack of sufficient security because the stadium was being used as an evacuation center.
Damages
The plaintiff sought the lost revenue.
Result
The case settled for $1,625,000.
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