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Breach of Contract
Bad Faith

Stanley Hopper v. Allstate Insurance Company

Published: Mar. 3, 2007 | Result Date: Jan. 23, 2007 | Filing Date: Jan. 1, 1900 |

Case number: CV05-7827RGK Verdict –  Defense

Court

USDC Central


Attorneys

Plaintiff

Andrew M. Gilford

Richard Giller


Defendant

Gregory Michael MacGregor

R. Timothy O'Connor
(State Compensation Insurance Fund)


Experts

Plaintiff

Dennis Greenwald
(technical)

Robert McConihay
(technical)

Fred Rohde
(technical)

David F. Peterson
(technical)

Carl Schiff
(technical)

Raymond Itaya
(technical)

Defendant

Michael A. Calabrese
(technical)

Raymond E. Steinberg
(technical)

Facts

Plaintiff, Stanley Hopper, sued defendant Allstate Insurance Company, his insurer, for breach of contract and bad faith, among other things, in connection with its handling of his 1994 Northridge Earthquake claim.

Contentions

CONTENTIONS:
Plaintiff claimed that, due to the earthquake, his home required complete replacement of the foundation and other structural repairs in excess of $500,000. At trial, plaintiff introduced evidence of approximately $600,000 in attorney's fees, the majority of which were being claimed as damages as "Brandt fees." Plaintiff contended Allstate did not pay him in full for his loss under homeowner's insurance policy then in force.

Settlement Discussions

Plaintiff demanded $950,000 on the eve of trial; defendant offered $200,000.

Result

Defense verdict. The jury unanimously found that Allstate did not breach its contract.

Deliberation

1.45 hours

Length

five days


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