Facts

On Sept. 9, 2016, plaintiff AGA & Titan Inc. suffered a burglary loss at its premises in Burbank, California. Plaintiff claimed that the burglars stole more than $800,000 worth of eyewear from the premises. Plaintiff submitted a claim to its insurance carrier. After a lengthy investigation, defendant United Specialty Insurance Company denied plaintiff's claim, contending that plaintiff's documents were unreliable, such that no losses could be calculated, and that plaintiff failed to cooperate in its investigation.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that its premises was burglarized and that more than $800,000 in inventory was stolen.

DEFENDANT'S CONTENTIONS: Defendant contended that the physical evidence surrounding the burglary did not support the loss claimed by Plaintiff, and Plaintiff was unable to establish the amount of loss by way of accounting records because the records were unreliable. Defendant presented two affirmative defenses: (1) termination of insurance policy for fraudulent claim (misrepresentation of the amount of the claim); and (2) failure to cooperate.

Result

Unanimous verdict for Plaintiff in the amount of $542,599.50. The jury did not find that the claim was fraudulent. The jury found that there was a failure to cooperate by plaintiff, but found that such failure did not result in substantial prejudice to defendant.

Deliberation

One day

Length

Four days