Ira E. and Nellie Conner v. State Farm Fire and Casualty Company
Published: May 21, 1994 | Result Date: Apr. 9, 1994 | Filing Date: Jan. 1, 1900 |Case number: 526029 – $1,325,000
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ina DeLong
(technical)
Cyrillis Holmes
(technical)
Defendant
Harry Powell
(technical)
Peter S. Evans
(technical)
Facts
On January 1, 1991, Plaintiffs Ira E. and Nellie Conner's residence was destroyed by fire. Plaintiff filed a claim with Defendant State Farm Fire and Casualty Company for coverage. An independent fire cause and origin expert and local fire authorities advised that the fire had been intentionally set. Defendant allegedly had cause to believe that Plaintiff had set the fire; and a 10-month investigation ensued. Ultimately Defendant State Farm determined that the claim should be paid. Temporary housing advances were made for a total of 22 months; $26,500 advance on the contents was additionally paid during the investigation; the balance of the money owed on the contents ($54,500) and the actual cash value of $79,000 (owed on the house) was paid in October of 1991; and, following a Plaintiff-ordered appraisal, an additional replacement cost of $17,000 was paid.
Settlement Discussions
Defendant contends it offered $100,000 and Plaintiff demanded $800,000.
Damages
(Plaintiff claimed) Contract damages of $125,000; mortgage interest payments of $10-20,000; appraisal fee of $5,000; emotional distress damages of $800,000; and unspecified punitive damages.
Other Information
(1) Intentional and negligent spoliation of evidence causes of action were tried separately to the court. The result was a judgment for Defendant State Farm pursuant to CCP 638.1. (2) Directed verdict granted in favor of State Farm on the breach of contract cause of action. (3) The resultant polls on the remaining causes of action unanimous on: (a) breach of the covenant of good faith and fair dealing (b) intentional infliction of emotional distress; and 9-3 in favor of State Farm on: (a) invasion of privacy (b) negligent infliction of emotional distress.
Deliberation
2 days
Poll
varied
Length
9 weeks
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