The Home Insurance Company v. Montgomery Elevator Company
Published: Aug. 9, 1997 | Result Date: Mar. 25, 1997 | Filing Date: Jan. 1, 1900 |Case number: LC027452 Bench Decision – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Michael J. Danner
(Law Offices of Michael J. Danner)
Facts
On May 18, 1992, two individuals were injured in an escalator accident at the Topanga Plaza Shopping Center. The plaintiff, The Home Insurance Company settled the two actions for the sum total of $24,000. Thereafter, The Home Insurance Company made a claim against the escalator service company, defendant Montgomery Elevator Company, for subrogation and breach of contract based upon allegations that Montgomery should indemnify and name the shopping center as an additional insured.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $24,000. The defendant made no settlement offers.
Damages
The plaintiff claimed $24,000 in damages and attorney's fees.
Other Information
The decision was rendered approximately two years and ten months after the case was filed. An arbitration was held on March 23, 1995 before Brendan J. Thorpe resulting in an award of $24,000. The defendant requested a trial de novo. The defendant's motion for attorney's fees was granted per C.C.P. º1038.
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