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CONFIDENTIAL

Jun. 22, 2002

Insurance
Bad Faith
Claim Denied

Confidential

Settlement –  $0

Judge

Michael B. Rutberg

Court

L.A. Superior Compton


Attorneys

Plaintiff

Benjamin P. Wasserman


Defendant

Michael M. Pollak
(Pollak, Vida & Barer)


Experts

Defendant

Brian P. Jacks
(medical)

Anne W. Silver
(technical)

Boyd A. Veenstra
(technical)

Facts

The plaintiff insured his 1996 Toyota Camry with the defendant Allstate. He reported that it was stolen on Nov.
6, 1996, and that it had custom wheels and tires on it. The car later was recovered, with standard wheels and
tires on it. The plaintiff gave Allstate a receipt for custom wheels and tires. Allstate denied the claim on the
grounds that the receipt and the claim were fraudulent.

Other Information

The plaintiff was being investigated by another insurance carrier for suspected workerÆs compensation fraud. The workerÆs compensation carrier arranged for a sub-rosa video of the plaintiff. By coincidence, the video was taken on Nov. 5, 1996, the day before the plaintiffÆs car theft. The videotape shows the plaintiff in front of his car, with standard wheels and tires on the car. AllstateÆs attorney told the plaintiffÆs attorney about the videotape on the first day of trial. The plaintiff agreed to a binding arbitration and later agreed to dismiss his complaint in exchange for a waiver of costs and a waiver of malicious prosecution.


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