Essex Insurance Company v. Professional Building Contractors
Published: Dec. 1, 2007 | Result Date: Oct. 15, 2007 | Filing Date: Jan. 1, 1900 |Case number: BC353152 Verdict – $2,500,000
Court
L.A. Superior
Attorneys
Plaintiff
Jordan S. Stanzler
(Stanzler Law Group)
Defendant
Vickie V. Grasu
(O'Hagan Meyer LLP)
Experts
Plaintiff
David F. Peterson
(technical)
Andrew Barile
(technical)
Defendant
Jerry A. Ramsey
(technical)
Facts
Plaintiff Professional Building Contractors (PBC) sought insurance coverage to settle a lawsuit brought against it by a homeowner. PBC allegedly failed to cover a roof properly, resulting in substantial rain and water damage to the house's interior. PBC paid $106,000 to repair the house and $250,000 to settle the lawsuit.
Defendant Essex Insurance Company denied coverage for the cost of repair, claiming PBC settled the suit without Essex' consent. Essex filed a declaratory judgment against PBC, claiming Essex had no duty to defend homeowner claims. Essex provided a defense under a reservation of rights and sought reimbursement of defense costs.
PBC countersued for bad faith denial of coverage.
Result
The jury awarded Professional Building Contractors $2.5 million in punitive damages and $682,264 in compensatory damages, which included $324,000 in attorneys' fees.
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