Cannon Capital Group v. Johnson & Higgins of California, et al.
Published: Apr. 29, 1995 | Result Date: Mar. 15, 1995 | Filing Date: Jan. 1, 1900 |Case number: 568122 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Tim Merrill-Palethorpe
(technical)
Richard F. O'Rourke
(technical)
Thomas R. Morton
(technical)
David L. Marston
(technical)
David F. Anderson
(technical)
Facts
In the early 1980's Plaintiff Cannon Capital Group was a wind park developer which installed wind turbines manufactured by Century Turbines. To promote the sale of the wind turbines, Plaintiff desired to secure warranty insurance on the wind-turbine generators to insure against manufacturer's defects. Plaintiff engaged Defendant Johnson & Higgins of California to find that warranty insurance. Johnson & Higgins placed the warranty insurance with Northumberland General Insurance Company, a Canadian insurer. One year later, Northumberland was insolvent and, as a result, could not pay claims submitted by Plaintiff under the warranty insurance policy. This action was originally filed in 1986 by Cannon Capital Group and Century Turbines, a wind turbine manufacturer. Honorable Mack Lovett granted summary judgment in favor of Johnson & Higgins in March of 1991; Plaintiff Cannon appealed. Century dropped out of the case. The Fourth District Court of Appeal reversed and remanded.
Settlement Discussions
Defendants contend they offered $1,000,000 (998) and Plaintiff's gross demand was $15,000,000 reduced to a 998 in the amount of $9,800,000
Damages
$40,000,000 minus $22,000,000 received from other insurance carriers.
Other Information
This case was filed on July 9, 1986; eight years, and eight months before this result.
Deliberation
3 days
Poll
12-0
Length
6 weeks
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