Confidential
Settlement – $315,000Judge
Court
Fresno Superior
Attorneys
Plaintiff
Michael J.F. Smith
(Michael J.F. Smith, APC)
Defendant
Facts
In 1994, plaintiff farm called defendant insurance broker employed by defendant insurer, and allegedly asked for coverage for aluminum irrigation pipe. The defendant broker failed to act upon the request. The pipe was subsequently damaged by agricultural chemicals. The carrier denied coverage as in excess of limits. The plaintiff brought this action against the defendants based on negligence and broker malpractice theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $185,000. The defendant made an offer of compromise for $63,315.
Damages
The plaintiff claimed loss of aluminum irrigation pipe, valued in excess of $300,000. Per the defendant, the plaintiff claimed damages in excess of $450,000 prior to trial and demanded over $500,000 at trial.
Injuries
The plaintiff claimed loss of aluminum irrigation pipe, valued in excess of $300,000. Per the defendant, the plaintiff claimed damages in excess of $450,000 prior to trial and demanded over $500,000 at trial.
Other Information
The parties agreed to bifurcate the trial to determine the issue of whether a request for insurance was made by the plaintiff, the request that was made and whether the defendant agreed to place the insurance requested. Once the jury determined these issues, a settlement was reached. The verdict was reached approximately one year and two months after the case was filed. MEDIATION: A mediation was held on Dec. 18, 1998, before James Phillips of Phillips Group, resulting in no settlement.
Deliberation
1½ hours
Poll
12-0
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390