Liberty Mutual Insurance Company v. Andro Petersen and Sam Zona, etc.
Published: Apr. 3, 1999 | Result Date: Dec. 23, 1998 | Filing Date: Jan. 1, 1900 |Case number: 774379 Verdict – $2,610,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Samantha A. Smith
(Aegis Law Firm PC)
(technical)
Max Perlatti
(technical)
Defendant
Lauren McGlade
(technical)
Facts
Andro Petersen and his partner, operated two hotels. Liberty Mutual Insurance Company had provided the workers' compensation insurance on the hotels for the past 12 years. In November 1993, Liberty Mutual canceled their policy for alleged non-payment of premiums. After canceling the policy, it estimated the amount of their 1993 payroll, per the defendant, after repeated failures by Peterson and Zona to allow access to their payroll records. Liberty Mutual came up with a final premium based on that estimate, deducted from the final premium a $14,241 vested dividend it owed, and then filed an action to collect a claimed $10,466.23 balance in premium based on the estimated payroll. Per the defendant, after the action was filed, Petersen and Zona produced portions of their payroll records, and it was determined that no premiums were owed.
Settlement Discussions
Petersen and Zona made a C.C.P. º998 settlement demand for $32,400. Liberty Mutual mutual offered $250,000 just before trial, increased to $750,000 after Petersen and Zona's opening statement.
Other Information
The verdict was reached approximately three years and six months after the case was filed by Liberty Mutual in municipal court. Before trial Liberty Mutual paid $15,915 in withheld dividend and interest preceding the hearing on Petersen and Zona's summary adjudication on their breach of contract cause of action. Post-trial motions are pending.
Deliberation
five hours (compensatory damages), three hours (punitive damages)
Poll
9-3
Length
three weeks
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