Ernie Petrosino and Michael Smithers v. Nationwide Mutual Insurance Company, et al.
Published: Apr. 26, 1997 | Result Date: Feb. 26, 1997 | Filing Date: Jan. 1, 1900 |Case number: 687198 – $928,179
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Anthony M. Boskovich
(Law Office of Anthony M. Boskovich)
Defendant
Experts
Plaintiff
Arthur Clark
(technical)
Facts
From 1990 to 1993, plaintiffs Ernie Petrosino and Michael Smithers were exclusive agents of defendant Nationwide Mutual Insurance Company. The plaintiffs claimed that in 1992, defendant Nationwide decided to transfer its commercial operations in the west to Employers Insurance of Wasau, an affiliate of defendant Nationwide in Wausau, WI. The plaintiffs contended that the defendants concealed the decision to transfer operations from its exclusive agents under the guise of a reorganization. The plaintiffs also contended that the defendants wanted to withdraw from writing any commercial insurance in California but did not want the agents to take their accounts, but instead to transfer them to Wasau. The defendants contended that they told the agents of every decision as it was made. The plaintiffs brought this action against Nationwide and Wausau based on fraudulent promise and concealment theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $600,000. Per the plaintiffs, the defendants' highest offer before trial was $200,000
Damages
The plaintiffs claimed damages for loss of income and the expense of opening a new office four months before defendant Nationwide terminated their contracts.
Other Information
The verdict was reached approximately one year and 11 months after the case was filed. The defendants have filed motions for new trial and for judgment notwithstanding the verdict.
Deliberation
4 days
Poll
9-3
Length
12 days
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