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Insurance
Bad Faith
Denied Coverage

Mehran Shoshani v. California Fair Plan Association

Published: Apr. 8, 2000 | Result Date: Jan. 12, 2000 | Filing Date: Jan. 1, 1900 |

Case number: EC025776 Verdict –  $0

Judge

Charles W. Stoll

Court

L.A. Superior Glendale


Attorneys

Plaintiff

David S. Sperber


Defendant

Gary A. Hamblet


Experts

Plaintiff

John McKay
(technical)

Defendant

Joseph Gildner
(technical)

Thomas F. Hall
(technical)

Facts

On Oct. 13, 1997, vandals allegedly entered plaintiffÆs home and chipped tiles in the bathroom and slashed flooring and appliances. Plaintiff was insured with the defendant against vandalism and malicious mischief. Plaintiff submitted a vandalism claim to defendant insurer, and defendant denied the claim.

Settlement Discussions

The plaintiff demanded $175,000 at the conclusion of the courtÆs mandatory settlement program, which defendant refused. The defendant made a C.C.P. Section 998 offer of $60,000 which plaintiff refused.

Damages

Plaintiff claimed $60,000 in property damage.

Other Information

Plaintiff also made a claim for punitive damages and attorney fees. PlaintiffÆs punitive damages was dismissed before it reached the jury.

Deliberation

six hours

Poll

11-1

Length

eight days


#80484

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