Roy Klotzbach, Mary Klotzbach v. State Farm General Insurance Co. and Howard Wilson
Published: Jul. 23, 2005 | Result Date: Feb. 1, 2005 | Filing Date: Jan. 1, 1900 |Case number: 2002059412 Verdict – $1,200,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Khaldoun Baghdadi
(Walkup, Melodia, Kelly & Schoenberger APC)
Defendant
Stephen M. Hayes
(Hayes, Scott, Bonino, Ellingson, Guslani, Simonson & Clause LLP)
Experts
Plaintiff
Brian Gagan
(technical)
Defendant
Donald Conway
(technical)
Facts
In 1989, plaintiffs Tom and Mary Klotzbach transferred their insurance to defendant State Farm Insurance Co. In 2001, their 22-year-old son, home on vacation, was driving the family car when he was struck and killed by an underinsured drunk driver.
Damages
The plaintiffs alleged that they were entitled to damages in an amount equal to what the policy limits would have been if covered correctly. They requested $1 million for the damages resulting from negligent procurement of the umbrella policy without coverage and $200,000 stemming from negligent procurement of motor vehicle policies with underinsured motorist insurance limits of $100,000 rather than $300,000.
Result
The jury found Wilson and State Farm negligent with respect to the sale and procurement of the automobile policy as well as the umbrella policy. The plaintiffs were awarded $1.2 million. The jury found plaintiffs 50 percent comparatively negligent as to the automobile policy and 51 percent comparatively negligent as to the personal liability umbrella policy. The net judgment (after a set-off for prior payments by State Farm) was $590,000.
Deliberation
1.5 days
Length
four days
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