Charles Levy v. Crum & Forster Personal Insurance
Published: Aug. 2, 1997 | Result Date: May 30, 1997 | Filing Date: Jan. 1, 1900 |Case number: SC032650 Bench Decision – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Facts
On Dec. 23, 1989, plaintiff Charles Levy, an attorney, had an office Christmas party at his home and someone wearing high heels left indentations in his hardwood flooring, which was less than three years old. He made a first-party claim for replacement of the flooring. Defendant Crum & Forster paid 50 percent of the replacement cost, with the remainder to be paid upon completion of repairs. The plaintiff claimed the defendant assessed a 50 percent depreciation factor based in part on a previous sanding of the floor on an earlier claim for water damage, even though it was the defendant that had selected that repair methodology. The plaintiff asked for several extensions to complete repairs. The defendant claimed the plaintiff was eventually given four years from the date of loss. The floor was not repaired by the alleged deadline. The defendant refused to pay the remaining 50 percent of the replacement cost. The plaintiff brought this action against the defendant based on breach of contract, insurance bad faith and fraud theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $35,000 (per the defendant) or made no settlement demand (per the plaintiff). The defendant made no settlement offer.
Damages
The plaintiff claimed in excess of $100,000 in damages.
Other Information
The decision was rendered approximately three years and five months after the case was filed.
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