This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Insurance
Bad Faith
Breach of Contract

Bubonic v. Safeco

Published: May 11, 2004 | Result Date: Jan. 9, 2004 | Filing Date: Jan. 1, 1900 |

Case number: EDCV0200557VAP Verdict –  $0

Judge

Virginia A. Phillips

Court

USDC Southern District of California


Attorneys

Plaintiff

Patrick E. Catalano
(Catalano & Catalano)


Defendant

Cynthia C. Palin
(Prindle, Goetz, Barnes & Reinholtz LLP)

Terry A. Rowland
(Demler, Armstrong & Rowland LLP)


Experts

Defendant

Robert Salata
(technical)

Facts

The plaintiffs, Thomas and Mary Ann Bubonic, scheduled four items of jewelry worth $305,000 with Safeco under the terms of their homeowners policy. On February 3, 2001, while staying at the Ritz Carlton in Rancho Mirage for their anniversary, Mrs. Bubonic reported that those jewels and several others had been stolen from her spa locker during a massage. The total value of the alleged loss was $308,000. The plaintiffs' claim was denied by Safeco, first for non-cooperation under the policy and then on the grounds that it was not likely that the alleged theft had occurred. The Bubonics sued for bad faith, emotional distress and breach of contract.

Deliberation

1.5 hours

Poll

8-0

Length

five days


#87587

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390