Angel Cecere v. Continental Insurance Company
Published: Jul. 19, 1997 | Result Date: May 30, 1997 | Filing Date: Jan. 1, 1900 |Case number: 960339B Verdict – $0
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Matthew V. Herron
(Herronlaw APC)
Defendant
Robert M. Peterson
(Carlson Calladine & Peterson LLP)
Experts
Plaintiff
J. Michael Edwards
(medical)
Dennis P. Steigerwald
(medical)
Defendant
Jerry A. Ramsey
(technical)
Facts
On July 30, 1992, plaintiff Angel Cecere, a 29-year-old vice president of her father's company, (a third-party insurance administrator), was driving an automobile when she was struck head-on by an intoxicated, uninsured driver. She suffered a whiplash injury and developed TMJ disorder and chronic pain syndrome. The plaintiff was treated with physical therapy, splint therapy, steroid injections, medication and four surgeries over a two-year period. Defendant Continental Insurance Company provided uninsured motorist coverage with limits of $1 million to the plaintiff. The plaintiff claimed the defendant made no settlement offer during the first 18 months of her claim, then made repeated "low-ball" settlement offers. The plaintiff also claimed the defendant insurer committed other acts of bad faith in handling her claim. On Sept. 15, 1994, four days before the scheduled uninsured motorist arbitration, defendant Continental and plaintiff Cecere settled the uninsured motorist claim for $520,000. The plaintiff brought this action against the defendant based on breach of duty of good faith and fair dealing and emotional distress theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $550,000. The defendant made a settlement offer of $100,000.
Damages
The plaintiff asked for emotional distress damages in excess of $100,000 and punitive damages according to proof.
Injuries
The plaintiff claimed she suffered emotional distress.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. A settlement conference was held on May 19, 1997 before Magistrate James F. Stiven of U.S. District Court in San Diego. It did not resolve the matter.
Deliberation
2½ hours
Poll
8-0
Length
2 weeks
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