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Insurance
Bad Faith
Denial Of Coverage

Rick Morales v. United Services Automobile Association

Published: Dec. 13, 1997 | Result Date: Oct. 31, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 95AS06035 –  $0

Judge

Michael G. Virga

Court

Sacramento Superior


Attorneys

Plaintiff

Stephen M. Defilippis


Defendant

Raymond R. Gates
(Lauria Tokunaga Gates & Linn LLP)


Experts

Defendant

Jeff Campbell
(technical)

Christopher S. Riley
(technical)

Facts

On Sept. 10, 1993, a fire destroyed the residence and all personal property contents at 2330 Mayo Court, Rancho Cordova. Following the fire, plaintiff Rick Morales made a claim with defendant United Services Automobile Association (USAA), the insurer of the property, for his share of the unsecured personal property. USAA denied plaintiff's claim. The plaintiff brought this action against defendant based on breach of contract and bad faith theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $10,999. The defendant made a C.C.P. º998 offer of compromise for a waiver of costs.

Damages

The plaintiff claimed damages of $86,250 for 50 percent of the insurance proceeds on the personal property contents of the house.

Other Information

The verdict was reached approximately two years and 10 months after the case was filed. A settlement conference was held on March 19, 1997. It did not resolve the matter. Per defendant, the judgment after the bench trial adjudged plaintiff committed an intentional act of arson.

Length

four days


#87155

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