Harold Hutson v. Farmers Insurance Exchange
Published: Mar. 21, 1998 | Result Date: Feb. 5, 1998 | Filing Date: Jan. 1, 1900 |Case number: C9502866 Verdict – $513,975
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John Partlow
(technical)
Defendant
Paul Hamilton
(technical)
Facts
On Oct. 26, 1993, a fire destroyed plaintiff Harold Hutson's home. Defendant Farmer's Insurance Exchange alleged plaintiff set the fire himself and refused to pay plaintiff's property insurance claim for 51 months. Plaintiff was never accused or convicted of any crime, and he had an explanation for his whereabouts at the time of the fire. Keys were found in a door to the house, but plaintiff alleged he lost his keys earlier that day. An eye witness reported seeing a blue dump truck drive up to plaintiff's home shortly before the fire, the driver run inside the home and then drive away a few minutes later. Plaintiff did not own a blue dump truck, but another person with a criminal record and a history of animosity toward plaintiff had been seen driving a blue dump truck. The plaintiff brought this action against Farmers Insurance based on a bad faith theory of recovery.
Settlement Discussions
The plaintiff made no demand. The defendant made no offer.
Damages
The plaintiff claimed $140,000 for the policy limits and emotional distress damages, plus attorney fees, interest and costs.
Other Information
The verdict was reached approximately two years and eight months after the case was filed. With fees, interest and costs, plaintiffs project the total to be approximately $800,000. MEDIATION: A mediation was held on May 5, 1997, before the Honorable William M. Kolin of the Contra Costa Superior Court. It did not resolve the matter.
Deliberation
seven hours
Poll
12-0 (on all issues)
Length
11 days
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