Joseph Villaescusa v. Fire Insurance Exchange, Envirocheck Inc.
Published: Jul. 30, 2002 | Result Date: May 3, 2002 | Filing Date: Jan. 1, 1900 |Case number: VC032471 – $20,600
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
David F. Brown
(Corbett Steelman & Specter)
Scott L. Hengesbach
(Murchison & Cumming LLP)
Experts
Plaintiff
Brian Daly
(technical)
Facts
After a fire at the plaintiffs' home, the defendant insurance company hired the defendant Envirocheck to perform asbestos sampling. During the course of the sampling, some asbestos containing material may have been dislodged, potentially contaminating the contents of the home. The plaintiffs were underinsured for the amount of lost contents and sued to recover the overage. The plaintiff also sued Fire Insurance Exchange for breach of contract, breach of implied covenant of good faith and fair dealing, fraud, negligent misrepresentation and conversion. Fire Insurance Exchange obtained a defense verdict on each of these causes of action. Fire Insurance Exchange was also sued for violations of Business & Professions Code 17200, and obtained a dismissal.
Damages
The plaintiffs claimed in excess of $180,000 in contractual damages, over $400,000 in attorney fees, general damages as well as punitive damages. This sum is the amount above their policy limits for such coverage from the fire.
Other Information
The jury voted in favor of Envirocheck on all causes of action. The jury found for the plaintiffs as against Farmers on negligence, with 40 percent comparative negligence against the plaintiffs. Later, the judge issued a ruling in favor of the defendant Envirocheck on the issue of whether or not Envirocheck violated Business and Professions Code Section 17200.
Deliberation
one day
Length
three weeks
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