Sylvia Bornstein v. JC Penney Life Insurance Company
Published: May 3, 1997 | Result Date: Mar. 4, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV961829 – $24,052
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
George Enfield
(technical)
Ralph Hutchings
(medical)
Richard Byrd
(medical)
Defendant
Dean A. Harvey
(medical)
Facts
Plaintiff Sylvia Bornstein was named a beneficiary on an accidental death policy and two policies of life insurance her brother had obtained from defendant J.C. Penney Life Insurance Co. On April 26, 1995, the plaintiff's brother died after undergoing a "redo" coronary bypass procedure, during which he suffered a stroke and subsequent brain death due to an aortic dissection. The plaintiff claimed that the death was accidental and made a claim for benefits under the accidental death and dismemberment policy and the two life insurance policies, which provided benefits for accidental death. The combined total of the policies was $24,052. The defendant took the position that there was no "accident" within the meaning of the policies and denied payment. The plaintiff brought this bad faith action against the defendant based on a breach of contract, breach of the covenant of good faith and fair dealing, fraud and intentional and negligent infliction of emotional distress theories of recovery. The plaintiff sought punitive damages.
Settlement Discussions
The plaintiff made a settlement demand for $500,000 at the mandatory settlement conference. The defendant made a settlement offer of $25,000. The plaintiff waived jury trial.
Damages
The plaintiff claimed $_________________ in damages, and sought punitive damages.
Other Information
The verdict was reached approximately ___ years and ___ months after the case was filed. A settlement conference / arbitration / mediation was held on ___/___/19___ before ___________________________ (name) of _____________________________ (affiliation/court) resulting in ______________________. EXPERT TESTIMONY: Any interesting expert testimony? Any interesting comments/infos on judge/arbitrator/mediator?
Deliberation
________ hours
Poll
_________ (#s pls.)
Length
3 days
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