Confidential
Settlement – $240,000Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jerry A. Ramsey
(technical)
Defendant
Robert Mangine
(technical)
Facts
The claimant insured's automobile was stolen from the front of her home, but when the claim was made to the insurer, instead of paying the claim, the respondent denied the claim, asserting that the claimant was complicit in the theft and destruction of her own car. The plaintiff's vehicle also came equipped with an anti theft system that included a transponder key rendering the vehicle extremely difficult to steal without the proper key.
Settlement Discussions
The plaintiff demanded $1 million one month before trial; lowered to $500,000 the night before closing argument. The defendant offered $100,000 within a week of the trial date. No settlement conference was held prior to trial.
Damages
Value of the stolen vehicle, approximately $16,000; lost GAP insurance on the remainder of the lease for the vehicle, $9,000, and emotional distress.
Result
The case was resolve after the jury found fraud, oppression or malice on the punitive damage question, but before the punitive damages phase of the trial began. The total settlement included Brandt fees, general and special damages and the unfair business practice claim.
Poll
11-1 (breach of contract), 10-2 (breach of implied covenant and malice, fraud or oppression)
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