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Insurance
Subrogation
Fire Insurance

Pichai Tanvilai, Sunee Tanvilai v. Val Beach Garfield LLC, Laubach Construction Company Inc. consolidated with The Dentists Insurance Company v. Laubach Construction Company Inc.

Published: Aug. 22, 2009 | Result Date: Dec. 22, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 07CC09728 consolidated with 30-2008 00106855 Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

Daniel R. Watkins
(Watkins & Letofsky LLP)


Defendant

Philip A. Segal
(Kern, Segal & Murray)


Experts

Plaintiff

Nicholas J. Corbo
(technical)

Louis Price
(technical)

Larry R. Carlson
(technical)

John Schindler
(technical)

Defendant

John Kitzmiller
(technical)

Facts

On Oct. 28, 2006, a fire started in a suite occupied by Laubach Construction Company Inc. (Laubach) within a shopping center. The fire spread to a suite occupied by an insured of The Dentists Insurance Co. The Dentists Insurance Co. filed a subrogation claim against Laubach for negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the fire started in Laubach's suite when water came into contact with electrical office equipment. Laubach committed negligence because it failed to prevent water intrusion.

DEFENDANT'S CONTENTIONS:
The defense argued that testing did not identify any electrical malfunctions and arson could have caused the fire.

Settlement Discussions

The plaintiff demanded $361,000 and the defense offered to waive costs.

Damages

Stipulated damages of $361,000.

Result

The jury found in favor of the defense.

Other Information

Mt. Hawley Insurance Co. insured Laubach.

Deliberation

35 minutes

Poll

9-3

Length

one week


#95294

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