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CONFIDENTIAL

Apr. 8, 1995

Breach of Contract
Insurance Bad Faith
Failure to Defend

Confidential

Settlement –  $1,250,000

Facts

Plaintiff, a real estate broker, was sued for misrepresentation in 1981. Defendant insurers appointed Defendant law firm to defend, but issued reservation of rights on the fraud cause of action. After a May 1990 bifurcated liability-only verdict, the instant Plaintiff (Defendant in the underlying case) settled using $600,000 of its own money. This Plaintiff then sued the insurer and the law firm.

Settlement Discussions

Plaintiff contends they made a 998 demand in June of 1991 in the amount of $575,000 and Defendant insurers made no offers.

Damages

$600,000 paid out-of-pocket to settle the underlying case.

Other Information

In May of 1993, the trial Court granted summary judgment for Defendant insurers. CA2D Div 5 reversed that decision; 94 DAR 13407. The Supreme Court denied review and decertified on January 20, 1994; 95 DAR 84. The case then settled on February 24, 1995, as to insurers only; nonsuit granted to Defendant law firm remains on appeal in CA2D. This case was transferred to Pasadena from Central within the Los Angeles Superior Court jurisdiction.


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