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CONFIDENTIAL

Jan. 1, 2000

Real Property
Property Damage
Insurance Bad Faith

Confidential

Settlement –  $0

Judge

Robert T. Altman

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Michael Harris


Defendant

Mike Goodhart

Robert T. Bergsten
(Hosp, Gilbert & Bergsten)


Experts

Plaintiff

Stuart Salot
(technical)

Facts

The plaintiff owned a luxury condominium unit in Los Angeles. The plaintiff's personal property was insured by the defendant insurer. The plaintiff claimed that beginning on November 1994, she began to experience plumbing leaks from common area pipes. The plaintiff claimed the leaks caused extensive water damage to her unit and personal property, forcing her to move. The plaintiff made a claim to the personal property insurer, who denied coverage. The plaintiff brought this action against the condominium homeowners assocation and the insurer based on negligence, premises liability and insurance bad faith theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $100,000, reduced to $40,000 at the settlement conference. The defendant homeowners association made a settlement offer of $5,000, raised to $17,000 at the settlement conference. The defendant insurer made a settlement offer of $3,000 at the settlement conference.

Damages

The plaintiff claimed $175,000 in damages for moving expenses, costs of repairs, asbestos remediation and loss of personal property.

Result

Case dismissed for waiver of costs

Other Information

A settlement conference was held on Aug. 30, 1999, before Hon. Candace Cooper, resulting in no settlement. The settlement was reached approximately one year and four months after the case was filed, on the first day of trial.


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