This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Insurance
Coverage Denied
Declaratory Relief

Jose Luis Hernandez, et al. v. SCPIE

Published: Nov. 23, 1996 | Result Date: Aug. 27, 1996 | Filing Date: Jan. 1, 1900 |

Case number: SC033931 –  $0

Judge

Irving A. Shimer

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Rolando Hidalgo


Defendant

Daniel S. Schecter
(Latham & Watkins LLP)

Michael Bruce Abelson
(Halpern, May, Ybarra & Gelberg LLP)


Experts

Plaintiff

David A. Gauntlett
(technical)

Defendant

James T. Smith
(technical)

David F. Peterson
(technical)

Facts

On Sept. 22, 1993, defendant SCPIE denied the plaintiffs' claim. The plaintiffs were assignees/judgment creditors of the insured. The plaintiffs claimed that retroactive coverage went beyond the effective date of the policy. The defendant claimed no retroactive coverage was sought or given and that the settlement was without SCPIE's consent.

Settlement Discussions

There were no settlement discussions.

Damages

The plaintiffs claimed $370,000, plus 10 percent interest from Aug. 1, 1995.

Other Information

The decision was reached approximately one year and eight months after the case was filed.

Deliberation

_______ hours

Poll

________ (#s pls.)

Length

2 days


#78947

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390