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CONFIDENTIAL

Aug. 9, 1997

Insurance
Bad Faith
Breach of Contract

Confidential

Settlement –  $40,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Adam S. Warshaw


Defendant

Scott C. Zonder


Facts

In July 1994, a fire destroyed most of a 30-unit apartment building owned by the plaintiff. The plaintiff had reacquired the building less than two months before the fire, through foreclosure on the second mortgage. The defendant insurance company insured the building for property damage and loss of rental income. The building was closed for approximately six and one-half months for repairs, including time needed to repair damage done by a number of separate acts of vandalism. The plaintiff was paid approximately $120,000 for property damage and loss of income. The plaintiff brought this action against the defendant based on a breach of contract theory of recovery.

Settlement Discussions

The plaintiff made an initial settlement demand for $100,000. The defendant made an initial offer of $30,000.

Other Information

The settlement was reached approximately one year and 10 months after the case was filed.


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