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Insurance
Coverage
Denial of Claim

John Verniero and Maria Calabrese v. Allstate Insurance Co.

Published: Oct. 29, 2011 | Result Date: Jul. 7, 2011 | Filing Date: Jan. 1, 1900 |

Case number: BC388553 Verdict –  Defense

Court

L.A. Superior


Attorneys

Plaintiff

Steven P. Messner
(Shernoff Bidart & Echeverria LLP)


Defendant

Jaclyn Dyan Grossman

Gregory Michael MacGregor


Experts

Plaintiff

Victor A. Robinette
(technical)

David F. Peterson
(technical)

Defendant

Boyd A. Veenstra
(technical)

Brian Daly
(technical)

James F. Da Pra
(technical)

Rick Harris
(technical)

Facts

On Jan. 4, 2008, John Verniero and his wife, Maria Calbrese's home sustained damage due to rain storms. Allstate Insurance Co. adjusted their claim and paid $50,504.58 for dwelling coverage and additional living expenses.

Contentions

PLAINTIFF'S CONTENTIONS:
The couple filed suit against Allstate, alleging its investigation was unreasonable and that payments were unreasonably low and delayed without justification. The couple alleged bad faith.

DEFENDANT'S CONTENTIONS:
Allstate contended that the investigation was proper, and that adjustment was timely and payments adequate. It further alleged that the claim was excluded from coverage, and that the couple's expert had previously attributed the damage to a remodeling contractor's negligence, and his testimony to the contrary at trial was not credible.

Damages

The couple sought $200,000 in policy benefits, attorney fees and punitive damages.

Result

The jury rendered a verdict for the defense.

Deliberation

four hours

Length

seven days


#89322

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