Facts

Nektar Abramian reported through her public adjuster of a broken tile floor in their home. The public adjuster inspected the loss and presented a claim to Abramian's homeowner's insurer. The claim was to replace a single tile, but because no single suitable tile could be found, a demand was made per the Code of Regulations, to replace the entire contiguous floor at a cost of $74,000. The scope of repair also included the entire kitchen floor and six adjoining rooms in the house. The estimate likewise included removing and replacing the kitchen cabinets, as well as painting the walls in all of the adjoining rooms.

The insurance company investigated the loss and ultimately declined the claim based on policy exclusions. Abramian sued the insurance company for breach of contract and bad faith.

Damages

Abramian sought recovery of $120,000 and Brandt fees, as well as recovery of punitive damages.

Result

The jury returned a verdict in favor of the defense.

Deliberation

five hours

Poll

11-1

Length

10 days