Uhrich v. American Home Assurance Co., et al.
Published: Feb. 1, 2001 | Result Date: Nov. 2, 2000 | Filing Date: Jan. 1, 1900 |Case number: 99AS01927A Verdict – $5,393,470
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Stephen M. Hayes
(Hayes, Scott, Bonino, Ellingson, Guslani, Simonson & Clause LLP)
Experts
Plaintiff
Ronald R. Haven
(technical)
Cynthia Neuman
(medical)
Brett Peterson
(medical)
Thomas J. Corridan
(technical)
Defendant
Bernard S. Rappaport
(medical)
Ulysses Castellon
(technical)
James R. Rogers
(technical)
Ralph A. Lombardi
(technical)
Facts
The plaintiff obtained an uncontested judgment in the amount of $3.9 million against her former psychologist,
Paul Lindseth, as a result of him committing various torts against her, including defamation and professional
negligence.
Defendant American Home Assurance Co., LindsethÆs professional liability carrier, refused to defend or
indemnify him in that action and refused to pay a policy limits demand in the amount of $1 million, thereby
exposing the carrier to the excess judgment.
Settlement Discussions
At the end of mediation, the plaintiff was willing to accept a settlement in the range of $4 million to $9.5 million. American Home offered $1 million.
Other Information
In Phase I, the jury found that there was no fraud or collusion in obtaining the underlying judgment, thereby rendering American Home liable for the full amount of the judgment, now, in excess of $5.3 million (the duty to indemnify had been established by previous motion for summary judgment). In Phase II, the jury awarded non-economic damages (emotional distress) in the amount of $783,300 and economic damages in the amount of $8,750. The total judgment is $6,185,516, plus Brandt attorney fees to be decided in a post-trial motion, plus costs of suit. American Home has appealed and the plaintiff has cross-appealed.
Deliberation
one day (Phase I), 2.5 days (Phase II)
Poll
Phase I, 9-3 (no fraud or collusion in underyling judgment). Phase II, 9-3 (bad faith)
Length
three weeks
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