Clare Twedt-Tjelmeland dba Farmer Publications v. Tutton Insurance Services Inc., National Fire Insurance Company of Hartford Inc.
Published: Nov. 18, 2003 | Result Date: Mar. 19, 2003 | Filing Date: Jan. 1, 1900 |Case number: 774812 Verdict – $300,264
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Christopher A. Kanjo
(Manning & Kass Ellrod Ramirez Trester LLP)
Experts
Plaintiff
David A. Gauntlett
(technical)
Elliott C. Rothman
(technical)
Defendant
Jerry A. Ramsey
(technical)
Edgar Lion
(technical)
Facts
Plaintiff Clare Twedt-Tjelmeland was a self-employed publisher of private telephone directories that are distributed to retirement communities. In April 1995, the plaintiff contracted with defendant Tutton Insurance Services to obtain a policy of business insurance for her and her customer. The customer was a retirement community in La Mirada in which the plaintiff wanted to distribute a private phone directory. The requirement community required that it be named as co-insured under a policy of business insurance that would cover them from any liability related to the plaintiff's publishing operations. The plaintiff claimed that she was unsophisticated in insurance matters and relied on Tutton's broker to place a policy for her. The policy was placed with defendant National Fire Insurance Co. of Hartford, but the policy excluded coverage for claims related to an insured whose business was in publishing or advertising. The plaintiff claimed that she was not told of the exclusions, nor was she advised of the availability of media liability or professional liability policies that would cover her business. A year later, the plaintiff contacted Tutton again in order to see if the same policy would cover her new customer, Leisure World, as a co-insured as well. Again Tutton had this customer, Leisure World, named as a co-insured under the policy but the plaintiff was given no explanation of the pertinent exclusions in the policy due to her profession. The certificates of insurance issued by Tutton to the plaintiff specifically stated that she had $1 million in advertising and personal injury coverage, although the policy excluded such coverage because of her occupation in the publishing/advertising business. In April 1996, the plaintiff was sued by a rival publisher over who had the right to be the official phone book in the Leisure World community. Defendant National Fire refused to cover the plaintiff because of the exclusions. The plaintiff retained private attorneys at her own expense. A verdict of $1.3 million was rendered against the plaintiff, but was later overturned on appeal. The plaintiff then filed a professional negligence lawsuit against Tutton and National Fire.
Settlement Discussions
The plaintiff made a demand of $165,000. Defendant Tutton made an offer of $50,000.
Injuries
The plaintiff claimed she incurred $298,000 in attorney fees with three different attorneys, who represented her in the underlying action.
Other Information
Prior to trial, the plaintiff settled with defendant National Fire for $35,000. After the jury found defendant Tutton 87.5 percent negligent and the plaintiff 12.5 percent negligent, it returned a gross award of $300,264. The verdict was satisfied after Tutton lost a motion for a new trial.
Deliberation
three days
Poll
12-0 (liability and causation), 11-1 (comparative fault)
Length
five days
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