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Insurance
Subrogation
Fire

Dentists Insurance Company v. Fredrick Benson, M.D.

Published: May 9, 2009 | Result Date: Sep. 8, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 1-06-CV-066191 Verdict –  Defense

Court

Santa Clara Superior


Attorneys

Plaintiff

Daniel R. Watkins
(Watkins & Letofsky LLP)


Defendant

L. Christian Spieller


Experts

Plaintiff

Thomas Shefchick
(technical)

Defendant

Raymond Pietila
(technical)

Facts

In 2005, defendant Fredrick Benson, M.D.'s fish tank, located in an office adjacent to offices insured by plaintiff Dentists Insurance Company, caused a fire that ignited the insureds' office sprinklers and subjected the property to water damage. Dentists Insurance filed a subrogation claim for negligence maintenance.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant failed to properly assemble and care for the fish tank.

DEFENDANT'S CONTENTIONS:
The defendant contended that he did not cause the fire and that the fire's origin was never determined.

Settlement Discussions

The plaintiff demanded $85,000 and defendant offered $25,000.

Injuries

The plaintiff claimed $160,000 for cost of repair.

Result

The jury found in favor of the defense.

Other Information

INSURER: State Farm for defendant.

Deliberation

four hours

Poll

12-0 (negligence)

Length

four days


#85762

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