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Insurance
Bad Faith
Breach of Contract/Coverage Denied

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)

Elliott Block


Defendant

David V. Rose

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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