Richard Rogers, Donna Rogers v. USAA
Published: Apr. 27, 2004 | Result Date: Jan. 21, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC803200 Verdict – $2,187,500
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Charles S. LiMandri
(LiMandri & Jonna LLP)
Defendant
Gregory P. Konoske
(Konoske, Akiyama & Brust LLP)
Experts
Plaintiff
Ronald A. Simon M.D.
(medical)
Everette Lee Herndon Jr.
(technical)
Defendant
James McKinnon
(technical)
Facts
The plaintiffs Richard and Donna Rogers, are the owners of a home in Falbrook. They were issued a homeowners' insurance policy, on June 27, 2001, by the defendant USAA. The policy provided coverage for, among other things, loss to the plaintiffs' residence, loss to the plaintiffs' personal property, loss of use of the plaintiffs' premises and additional living expenses. At trial, the plaintiffs claimed that a leak in a kitchen pipe, and the resultant property damage and toxic mold growth, should be fully covered for remediation and repair under the policy. On Feb. 5, 2002, the plaintiffs contacted their insurance company about a leak in their kitchen. The insurance company did some investigation, but did not find the leak. USAA then replaced the damaged wood flooring in the kitchen. During this process, which was completed in the summer of 2002, USAA issued a new policy with lower limits on coverage for mold damage. On Sep. 23, 2002, the plaintiffs again experienced a leak in their kitchen which caused damage to the same area of the floor and surrounding cabinets. After calling upon plumbing experts, they finally found the hole in a pipe underneath the kitchen concrete slab which the plumbers concluded had caused both leaks. The plaintiffs claimed, and the jury found, that USAA should pay for all of the water damage and remediation of the mold because it was caused by a continuation of the prior unrepaired leak, which occurred under the original policy. USAA claimed the subsequent leak fell under the new policy, which greatly limited the amount to be paid for mold-related damage. The plaintiffs also sought, and the jury awarded, policy benefits for their additional living expenses for the five months they had to be out of their home. The plaintiffs further sought, and the jury awarded, emotional distress and punitive damages for USAA's bad faith breach of their insurance contract.
Specials in Evidence
$2,500
Damages
Reconstruction and remediation costs for $35,000.
Result
$35,000 breach of contract; $2,500 medical bills; $400,000 emotional distress; $1,750,000 punitive damages
Poll
12-0 (breach of contract), 12-0 (breach of the implied covenant of good faith and fair dealing), 11-1 (punitive damages)
Length
seven days
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