Sheri Lyn Armendarez v. Pacific Specialty Insurance Co.
Published: Feb. 23, 2002 | Result Date: Oct. 24, 2001 | Filing Date: Jan. 1, 1900 |Case number: 00CC06661 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Michael F. Sisson
(Law Office of Michael F. Sisson)
Defendant
Thomas G. Wianecki
(Wesierski & Zurek LLP)
Facts
On Sep. 27, 1998, the plaintiff, a 34-year-old warehouse forklift operator, was involved in an automobile accident
in the City of Garden Grove in which she made a left turn into another vehicle. The plaintiff was arrested at the
scene of the DUI and possession. She was insured for accidental liability with the defendant, Pacific Specialty
Insurance (PSIC) in the amount of $15,000 per accident/$30,000 per group. The plaintiff immediately filed a
loss report and received payment of $2,400 for her vehicle loss.
On Dec. 17, 1998, the plaintiff was convicted for felony DUI. The plaintiff was sentenced and served 32
months in Chowchilla State Prison. In May 1999, the plaintiff was advised that one of the other vehicleÆs
occupants had filed suit against. PSIC knew that the plaintiff was in jail. Another lawsuit arose against the
plaintiff regarding the same accident. Both lawsuits went to default judgment. The plaintiff wrote PSIC giving
them another loss report and requesting coverage.
In May 2000, the plaintiff retained counsel and a bad faith lawsuit was filed against
PSIC. Two default judgments were entered. In October 2000, PSIC cured the judgments and all
potential claims by paying a total of $49,000 to settle all liabilities against the plaintiff.
Settlement Discussions
The plaintiff made C.C.P. Section 998 demand of $99,999, reduced to $26,000 at start of trial. The defendant made a C.C.P. Section 998 offer of $6,500 before trial.
Other Information
JAN. 3, 2002 VERSION
Deliberation
90 minutes
Poll
9-3 for plaintiff on (Did PSIC cause damage to the plaintiff?), 10-2 for defendant (Did the plaintiff suffer economic damage?)
Length
three days
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