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Insurance
Bad Faith
Failure to Pay

Lazarovits v. Allstate Insurance Co.

Published: Jun. 24, 2000 | Result Date: Feb. 10, 2000 | Filing Date: Jan. 1, 1900 |

Case number: LC029898 Verdict –  $0

Judge

Stephen D. Petersen

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Barry Fischer


Defendant

Gregory Michael MacGregor


Experts

Plaintiff

David F. Peterson
(technical)

Defendant

Anthony L. Cannon
(Cannon & Nelms PC) (technical)

Facts

Plaintiff claimed contract damages of $59,500, and an emotional distress claim of $2 million as a result of
AllstateÆs alleged breach of contract and bad faith in adjusting his earthquake claim. His house suffered largely
cosmetic damage, and he was paid $112,700 in full settlement of his dwelling and additional living expense
claims, but the company conducted an in-depth investigation into plaintiffÆs claim for damaged contents, most
of which was undocumented and which he claimed exceeded the policy limit of $59,500.
The defendant asserted that the plaintiff had been promptly paid for his dwelling and additional living expense
claims but that his contents claim contained numerous material misrepresentations of fact related to the identity
and the value of the items claimed.

Settlement Discussions

The plaintiff demanded $1,350,000. The defendant offered $20,000.

Deliberation

50 minutes

Poll

11-1 (affirmative on the question whether plaintiff made material misrepresentations of fact that voided his insurance policy). Questions regarding breach of contract and bad faith not reached

Length

11 days


#85167

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