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CONFIDENTIAL

Mar. 8, 1997

Insurance
Bad Faith
Breach of Implied Covenant of Good Faith and Fair Dealing

Confidential

Settlement –  $325,000

Judge

S. Charles Wickersham

Court

San Diego Superior


Attorneys

Plaintiff

Craig A. Miller
(Miller & Calhoon)


Defendant

Willliam M. Low


Experts

Plaintiff

Bernard R. Martin
(technical)

Defendant

Harry L. Carter
(technical)

Randall W. Smith
(medical)

Facts

The plaintiff insurer was involved in an accident with an uninsured motorist. He maintained policy limits of $15,000 with the defendant insurance company. The defendant offered the plaintiff $8,000 to settle his claim for uninsured motorist benefits. At arbitration, the plaintiff's claim was valued at $32,000. After the arbitration, the defendant insurance company voluntarily paid the entire award, even though its contractual obligation was limited to the $15,000 policy limits. The plaintiff brought this action against the defendant based on insurance bad faith theories of recovery.

Settlement Discussions

The settlement discussions were not disclosed.

Other Information

The settlement was reached approximately one year after the case was filed.


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