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CONFIDENTIAL

Mar. 21, 2004

Insurance
Breach of Contract
Misrepresentation

Confidential

Settlement –  $0

Judge

Robert J. Anspach

Court

Kern Superior


Attorneys

Defendant

Michael M. Pollak
(Pollak, Vida & Barer)

Anna L. Birenbaum
(Pollak, Vida & Barer)


Facts

In 2000, the plaintiff reported his fourth personal property theft to Allstate, the defendant. For the third time, the plaintiff said that he had lost photo equipment. During Allstate's investigation, it determined that the plaintiff had made material misrepresentations. Allstate denied the plaintiff's claim. The plaintiff sued Allstate for breach of contract and sought to recover $47,000 for the photo equipment he allegedly lost.

Settlement Discussions

At the mediation, the plaintiff demanded $25,000. Allstate offered $5,000.

Other Information

Allstate had prevailed in the prior non-binding arbitration.


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