Barton v. Alexander Hamilton Life Insurance Company of America
Published: Aug. 9, 2001 | Result Date: May 3, 2001 | Filing Date: Jan. 1, 1900 |Case number: 282474 Verdict – $866,840
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Robert D. Lipscomb
(Law Offices of Robert D. Lipscomb )
Defendant
Mark D. Campbell
(Shook, Hardy & Bacon LLP)
Facts
In 1987, the plaintiff bought a $1 million dollar universal life insurance policy from defendant insurance company
through its agent, Roger McCall. The agent kept all policy information and correspondence in his office with
the consent of the plaintiff. In 1990, plaintiff increased the policy to $1.5 million. In 1996, plaintiff discovered
the agent had taken out an unauthorized loan against plaintiffÆs policy. The plaintiff alerted the insurance
company and learned that the policy was not paid up as the agent had promised. The unauthorized loan was
repaid by the agent but the insurance company denied the policy was paid up. Later, investigation found the
agent had stolen more than one million dollars from other policyholders. The agent served a prison term. Four
other policyholders filed similar fraud cases against defendants involving similar paid up issues. The other
cases settled prior to trial.
Other Information
Motion for judgment notwithstanding the verdict was denied on July 13, 2001.Motion for new trial on the issue of compensatory damages was granted on July 13, 2001.
Deliberation
three days (liability and damage phases)
Poll
The jury found on special verdict that agent of insurance company had express authority to make the fraudulent misrepresentations about the policy's performance
Length
six weeks
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