Daniel Faraldo v. Progressive West Insurance Co.
Published: Jan. 6, 2004 | Result Date: Oct. 1, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC264029 Verdict – $20,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
John J. Perlstein
(Law Office of John J. Perlstein)
Defendant
Julia H. Azrael
(Nemecek & Cole)
Experts
Plaintiff
David F. Peterson
(technical)
Defendant
Boyd A. Veenstra
(technical)
Facts
On Jan. 25, 2001, Daniel Faraldo, a 50-year-old actor, was walking across a street when he was struck by a hit-and-run driver. He suffered two fractured legs and a fractured shoulder. He was hospitalized on and off for six months. Faraldo's wife called their insurance company, Progressive West Insurance Co., to inquire as to coverage. She was advised that there was no uninsured motorist provision in the policy. The claim was denied for lack of coverage after Progressive learned that the broker, Proshield Insurance Services, could not produce a copy of the written waiver. Neither Faraldo nor his wife contacted Progressive to dispute the claim coverage. Faraldo then retained an attorney who demanded a copy of a written waiver. Progressive's counsel explained that the coverage should be provided since the written waiver was not available. Faraldo sued Progressive claiming insurance bad faith. Progressive then paid the policy limits to the plaintiff.
Settlement Discussions
Plaintiffs demanded $50,000 (per plaintiff's counsel); $500,000 (per defense counsel). Defense offered $5,000 CCP Section 998.
Damages
$10,000 in compensatory damages.
Injuries
Faraldo suffered emotional distress and attorney fees to obtain policy benefits.
Result
$20,000
Deliberation
four hours
Poll
11-1 (compensatory damages, $10,000), 9-3 (punitive damages, $10,000)
Length
five days
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