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Insurance
Subrogation
Fire Damage

Fire Insurance Exchange, Farmers Insurance Exchange and Crusader Insurance Co. v. Jalilie Electric Inc. dba Ridgeway Electric, J.B. Stretch and Wesley Dodds

Published: Apr. 20, 2013 | Result Date: Jan. 18, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CGC-10-500763 Verdict –  Defense

Court

San Francisco Superior


Attorneys

Plaintiff

Dean A. Alper
(Alper & McCulloch)

Olivia O. Bissell


Defendant

John D. Hourihan
(Stratman & Williams-Abrego)

Charles S. Redfield
(Low, Ball & Lynch)


Experts

Plaintiff

Mark B. Mooney
(medical)

Defendant

Keith Warner
(medical)

Jeff Goode
(technical)

Facts

Fire Insurance Exchange, Farmers Insurance Exchange and Crusader Insurance Co. filed subrogation complaints against Jalilie Electric Inc. dba Ridgeway Electric, J.B. Stretch and Wesley Dodds in connection with a fire on the homeowner's property that was allegedly caused by faulty wiring. Some of the parties settled prior to trial, leaving only Crusade's claims against Dodds and Stretch.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff Crusader contended that defendants Dodds and Stretch were liable for the fire because they did the faulty wiring that caused the fire. In the alternative, plaintiff contended that the defendants were responsible under theories of negligence per se and non-delegable duty.

Damages

Crusader, which allegedly paid for the fire-related by the homeowner, sought reimbursement of those payments.

Result

The jury did not find Stretch negligent, but did find Dodds negligent. However, the jury did not find Dodd's negligence to be a substantial factor in causing damages to Crusader's insured. Hence, the jury rendered a defense verdict.

Other Information

Farmers Insurance Exchange and Fire Insurance Exchange settled prior to trial of $425,000.


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