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Breach of Contract
Insurance Bad Faith
Coverage Denied

Gary V. Hixon v. Allstate Insurance Company

Published: Sep. 25, 1993 | Result Date: Sep. 3, 1993 | Filing Date: Jan. 1, 1900 |

Case number: BC060661 –  $0

Judge

Victor E. Chavez

Court

L.A. Superior Central


Attorneys

Plaintiff

G. Emmett Raitt


Defendant

Michael M. Pollak
(Pollak, Vida & Barer)

J. Susan Graham


Experts

Plaintiff

David C. Isselhard
(technical)

Melvin Moore
(medical)

Defendant

Brian P. Jacks
(medical)

Bruce A. Tibert
(technical)

Facts

On August 11, 1991, Plaintiff allegedly had a burglary loss from his condominium unit in the Hollywood Hills. Plaintiff Gary V. Hixon was 47 years old and self-employed in the advertising business at the time. Plaintiff had also worked previously for Allstate and otherwise in the insurance claims business as a property claims manager. Defendant Allstate denied Plaintiff's claim.

Settlement Discussions

Defendant contends they offered a waiver of costs & Plaintiff demanded $850,000. Plaintiff contends they initially demanded $200,000; raised to $850,000 prior to trial; Defendants offered to waive costs.

Specials in Evidence

$2,400

Damages

Loss of property valued at $95,000.

Injuries

Emotional distress requiring counseling sessions with the psychologist.

Deliberation

2 days

Poll

9-3 concealment re policy application, 11-1 misrepresentations during handling of the claim, 8-4 no burglary

Length

11 days


#124800

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