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CONFIDENTIAL

Feb. 13, 1999

Construction
Construction Defect
Negligence

Confidential

Settlement –  $1,000,000

Arbitrator

Richard Chernick


Attorneys

Plaintiff

Mark S. Roth
(Cozen O'Connor)


Defendant

Benjamin L. Crumpacker


Facts

On Jan. 17, 1994, a commercial building located in Northridge suffered substantial water damage, caused by leakage from the sprinkler system damaged during the Northridge earthquake. The plaintiff's insured, a tenant in the structure, suffered substantial damage to fixtures, improvements, contents and a business interruption loss. The plaintiff brought this action against the defendants based on negligence.

Settlement Discussions

The plaintiff made a $1million (policy limits demand) in July 1998.

Damages

The plaintiff's insured claimed it suffered damages of approximately $8.5 million. The defendant was entitled to a set-off of $125,000 based upon the previous settlements with the design professionals.

Other Information

The settlement was reached approximately two years after the case was filed. The settlement conference was held before Richard Chernick in July 1998, resulting in the reported settlement.


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