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Breach of Contract
Fire
Cross-Complaint

RM Co. v. Golden Supermarket, et al.

Published: Dec. 10, 1994 | Result Date: Aug. 29, 1994 | Filing Date: Jan. 1, 1900 |

Case number: VC013717 –  $0

Judge

Daniel S. Pratt

Court

L.A. Superior Norwalk


Attorneys

Experts

Defendant

William A. Keener
(technical)

Robert W. Armstrong II
(Demler, Armstrong & Rowland LLP) (technical)

Facts

On May 3, 1992, Golden Supermarket burned down. Golden Supermarket filed a claim. Plaintiff RM Company was assigned the cleanup. RM Company then sued Defendants Golden Supermarket and adjuster for cleanup costs. Cross-defendant C.I.G.A. served as replacement insurer. C.I.G.A. denied all claims due to alleged arson by the market's owner. Golden Supermarket cross-complained against C.I.G.A for policy limits and cleanup costs. The market owner was not charged criminally.

Settlement Discussions

Cross-defendant contends that they made no offers and that Cross-complainant demanded $180,000 plus indemnity on the $41,000 judgment.

Damages

Policy limits of $180,000 for contents of the store and loss of business; $41,000 for cleanup costs.

Other Information

This case was bifurcated, tried on the cross-complaint only. Plaintiff RM Company settled with Defendant adjuster for $10,000 and stipulated to a $41,000 judgment with Golden Supermarket.

Deliberation

1/2 hour

Poll

10-2

Length

5 days


#83448

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