Robert Dubarr v. Farmers Group Inc., et al.
Published: Dec. 7, 1996 | Result Date: Nov. 7, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC098072 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Bennett S. Bibel
(technical)
Defendant
Thomas K. MacDonald
(technical)
Facts
Plaintiff Robert Dubarr, a 68-year-old insurance salesman, was an independent contractor selling insurance products for various insurers. He entered into an appointment agreement with several of the defendant insurers, including Farmers Group Inc. in 1985. The defendants terminated the contract, effective April 1993. The contract provided for payment of "contract value." The plaintiff allegedly received a portion of the "contract value" in June 1994; however, the plaintiff contended that the defendants breached the contract by delaying said payment until June 1994. The plaintiff also claimed that the defendants defrauded him into turning over his policy files in exchange for immediate payment of the "contract value". The plaintiff claimed that the defendants converted the money to their own use. The defendants contended that the plaintiff breached the agreement by never returning his files, as required by the appointment agreement, and by failing to allow the defendants to audit his agency, which the agreement also required. The plaintiff brought this action against the defendants based on breach of contract, fraud and conversion theories of recovery.
Settlement Discussions
The defendants made a C.C.P. º998 offer of compromise for $10,000.
Damages
Per the plaintiff, the plaintiff claimed $100,000 for all causes of action. Per the defendants, the plaintiff claimed $150, 000 to $175,000 in damages for breach of contract and conversion.
Other Information
The verdict was reached approximately two years and eight months after the case was filed. ARBITRATION: A non-binding arbitration was held on Feb. 28, 1996 before Brian Kravitz, Esq. resulting in an award of $3,726.42. SETTLEMENT CONFERENCE: A settlement conference was held on Aug. 26, 1996 before Judge Judith Ryan, retired, of JAMS/Endispute. It did not resolve the matter.
Deliberation
5 (hours)
Poll
12-0 (breach of contract, conversion), 11-1 (fraud)
Length
7 days
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