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Breach of Contract
Insurance Bad Faith
Fraud

Edward Dempsey v. Maryland Casualty Co.

Published: Nov. 12, 1994 | Result Date: Oct. 31, 1994 | Filing Date: Jan. 1, 1900 |

Case number: BC033631 –  $61,000,000

Judge

William A. Drake

Court

L.A. Superior Central West


Attorneys

Plaintiff

Kevin E. Monson


Defendant

David R. Lira
(Engstrom, Lipscomb & Lack)

Robin M. Hulshizer
(Latham & Watkins LLP)

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

William Bottger


Experts

Plaintiff

Jerry A. Ramsey
(technical)

Defendant

Michael E. Carter
(technical)

Elliott C. Rothman
(technical)

Facts

On April 1, 1991, Defendant Maryland Casualty issued a policy of insurance to Plaintiff Edward J. Dempsey, Concrete Coring Company of Southern California, Inc., and CCC Equipment Company, Inc. On April 28, 1991, Plaintiff's concrete cutting, coring, and drilling business was destroyed in a fire. Dempsey filed a claim with Defendant Maryland Casualty Company. On May 24, 1991, Maryland rescinded its insurance contract and subsequently returned Plaintiff's premium payments. Defendant insurance agent who wrote the insurance policy settled out early for $650,000; Plaintiff proceeded to trial against Defendant Maryland Casualty Company.

Settlement Discussions

Plaintiff contends that they demanded $7,500,000 and that Defendant offered $2,300,000. Defendant contends that Plaintiff demanded $5,000,000.

Damages

$4,200,000 in property damage.

Injuries

$4,200,000 in property damage.

Deliberation

7 days

Poll

varied

Length

8 weeks


#83338

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