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Insurance
Bad Faith
Failure to Pay

Dominick A. Ricci v. The Paul Revere Life Insurance Company

Published: Jun. 29, 1996 | Result Date: Apr. 5, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 941404H(AJB) –  $0

Judge

Marilyn L. Huff

Court

USDC Southern District of California


Attorneys

Plaintiff

Jack H. Kaufman


Defendant

Robert J. McKennon
(McKennon Law Group PC)

Audrey M. Lyness


Experts

Plaintiff

Clinton E. Miller J.D.
(technical)

Charles K. Jablecki
(medical)

Kerry Weiner
(medical)

Defendant

Russell D. Yang
(medical)

Carl J. Orfuss
(medical)

Facts

On April 15, 1992, the plaintiff, a 46-year-old gastroenterologist, filed a claim with defendant insurance company for total disability resulting from back and leg pain. The plaintiff claimed that he was unable to perform gastroenterological procedures due to the pain. The defendant insurance company denied the claim. The plaintiff insured brought this action against the defendant insurance company based on insurance bad faith and breach of contract theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $550,000. The defendant made a settlement offer of $75,000.

Damages

The plaintiff claimed $900,000 in damages.

Injuries

The plaintiff claimed he suffered emotional distress as a result of the defendant's conduct.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. A settlement conference was held on January 18, 1996, before the Hon. Anthony J. Battaglia. It did not resolve the matter.

Deliberation

8 hours

Poll

8-0

Length

11 days


#92340

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