Mission Power Engineering v. Continental Casualty Company, et al.
Published: May 27, 1995 | Result Date: Apr. 28, 1995 | Filing Date: Jan. 1, 1900 |Case number: SACV94637LHM – $1,874,980
Judge
Court
USDC Central
Attorneys
Plaintiff
Martin D. Bern
(Munger, Tolles & Olson LLP)
Defendant
Experts
Plaintiff
Heinz Bloch
(technical)
Jerry A. Ramsey
(technical)
Defendant
John W. Furness
(technical)
Facts
On October 23, 1989, Defendant Continental Casualty Company (CNA) issued an errors and omissions policy to Plaintiff Mission Power Engineering, covering architectural and engineering design errors. The policy had $2,000,000 in limits and was a self-depleting policy, i.e., defense costs paid by CNA reduced the limits. Mission was sued for $120,000,000 for errors in designing a geothermal power plant. Mission settled the claim for $5,000,000 at a mandatory settlement conference which lasted 3 days (June 7, 8, and 9; 1993) and was presided over by retired Judge Fannin. Defendant CNA refused to contribute the remaining policy limits ($1,400,000) toward the $5,000,000 settlement.
Settlement Discussions
Plaintiff contends it demanded $1,000,000 and Defendant made no offers. Defendant contends it offered $250,000 and Plaintiff made no demand.
Damages
$1,394,361.
Other Information
This case was filed on June 24, 1994; ten months and four days prior to this result.
Deliberation
10.5 hours
Poll
8-0
Length
6 days
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