Results

+ Mendoza v. Pacific Specialty Insurance Company

Lead counsel Michelle Burton, second chair Jahne’ Maddock and Rachael Kelley who just secured a defense verdict in an 8-week zealously litigated bad faith trial in San Mateo Superior Court. After 2 ½ days of deliberations the jury found there was no coverage for Plaintiffs’ loss.

+ Benyamine v. Pacific Specialty Ins. Co.

Settlement favorable to Pacific Specialty reached after 3 days of trial in connection with a bad faith law suit arising out of the appraisal process.

+ Douglas v. Fidelity National Insurance Company

JNOV granted as to 1.9 million dollar punitive damages award. Ms. Burton was asked to assist after an adverse trial resulted in an award of bad faith and punitive damages obtaining JNOV on the punitive damages award.

+ Allstate v. Pacific Specialty Ins. Co.

Defense Verdict – Allstate defended a nasty neighbor dispute and PSIC declined. PSIC’s coverage position was determined to be correct.

+ Rouland v. Pacific Specialty Ins. Co.

Defense Verdict – 5 week trial. Plaintiffs claimed hidden decay in a sewer pipe caused a landslide at their home. PSIC denied coverage on the grounds sewer pipe was not the predominate cause of the loss. Plaintiff sought bad faith and punitive damages in excess of 9 million dollars.

+ Hoffman v. King

35 minute Defense Verdict. Plaintiff claimed injures including PTSD after an alleged rescue of a minor. Plaintiff sought damages in excess of $500,000.

+ Roepel v. Pacific Specialty Ins. Co.

30 minute Defense Verdict after 5 week trial. Plaintiff claimed PSIC improperly rescinded her policy after a fire loss. The jury found Plaintiff made material misrepresentations on her application.

+ Morgan v. Pacific Specialty Ins. Co.

Nonsuit Granted. Plaintiffs sued PSIC for breach of contract and bad faith following a fire at their home. Summary judgment was granted as to bad faith on a finding of genuine dispute. After the presentation of Plaintiffs case the court granted non-suit on breach of contract.

+ Vanderhyde v. Pacific Specialty Ins. Co.

Defense Verdict after 4 week trial. Plaintiffs claimed they were underinsured in the 2003 wildfires and sued PSIC for bad faith an punitive damages.

+ Villa

Obtained summary judgment in favor of insurer alleged to have acted in bad faith and breached its duty to defend its insured against a third-party dog-bite claim.

+ Espinoza

Obtained summary judgment in favor of insurer alleged to have acted in bad faith and breached its duty to defend its insured against a third-party battery claim where insured asserted “self-defense.”

+ Adams v. Pacific Specialty Insurance Company

San Bernadino Superior Court Case No. CIV1307910
Summary adjudication granted in favor of carrier as to bad faith and punitive damages for alleged unreasonable handling of a fire loss.

+ Bradford v. Behrens

San Diego Superior Court Case No. 37-2014-00005110-CU-PO-CTL
Summary judgment granted in favor of property owner following drowning in pool of two small children of tenants invitee finding landlord had no duty to foresee a parent coming onto the property may engage in felony child abuse.

+ Novack v. Pacific Specialty Insurance Company

Los Angeles Superior Court Case No BC502624
Summary judgment granted in favor of carrier upon finding carrier fully paid appraisal award precluding cause of action for breach of contract and upon finding there was a genuine dispute as to the insurer’s liability under the policy. Ruling upheld on appeal.

+ Steward v. Pacific Specialty Insurance Company

Contra Costa Superior Court MSC15-00863
Summary judgment granted in favor or insurer as to breach of contract, bad faith and punitive damages finding interior damage from rain entering through roof was excluded even though the insurer initially covered and paid part of the claim.

+ Mendoza v. Pacific Specialty Insurance Company

San Mateo Superior Court Case No. CIV536273
Defeated Plaintiff’s motion for class certification based on claims that the carrier improperly denied claims for lead and asbestos under homeowners insurance policy.

+ Novack-Smith v. Stillwater Insurance Company

Riverside Superior Court Case No. RIC1514627
Obtained summary adjudication on Plaintiff’s bad faith cause of action upon showing that the carrier reasonably relied up on the advice of counsel in denying coverage under homeowners’ policy for first party property claim.

+ Cohen v. Pacific Specialty Insurance Company

Los Angeles Superior Court Case No B276060
Obtained summary judgment in favor or insurer as to breach of contract, bad faith and punitive damages finding ensuing loss provision did not provide coverage where rain entered the roof through a defectively designed roof. Decision upheld on appeal.

+ Mosley v. Pacific Specialty Insurance Company

Riverside County Superior Court Case No. RIC1615549
Trial court granted summary judgment in favor if carrier based on finding the insurance policy excluded coverage for marijuana grow operation following a fire loss. Summary Judgment reversed on appeal; however, the appeals court upheld summary adjudication of bad faith cause of action based on genuine dispute as to coverage under the policy and issue of first impression in California.

+ Rodriguez v. Pacific Specialty Insurance Company

Kings County Superior Court Case No. 14C0283
Obtained summary judgment on behalf of carrier upon showing that under all of Plaintiff’s alleged theories of loss, there was no coverage under the insurance policy for damage to Property allegedly caused by train vibrations. Ruling upheld on appeal.

+ Hughes v. Pacific Specialty Insurance Company

Los Angeles Superior Court Case No. SC126699
Summary judgment granted in favor of carrier in response to bad faith failure to defend and indemnify based on showing there was no possibility of coverage for intentional tort claims in underlying lawsuit.

+ Fajardo v. Pacific Specialty Insurance Company

Los Angeles Superior Court Case No. 19STCV25900
Summary judgment granted in favor of carrier in response to bad faith failure to defend and indemnify based on showing there was no possibility of coverage for assault and batter in underlying lawsuit.

+ Wang/Wu v. Pacific Specialty Insurance Company

Orange County Superior Court Case No. 30-2019-01081307-CU-IC-CJC
Lawsuit dismissed following filing of motion for summary judgment based on the insured’s failure to appear at examination under oath and comply with policy conditions.

+ Noravian v. Pacific Specialty Insurance Company

Los Angeles County Superior Court – 20STCV21659
Summary judgment granted in favor of insurance company upon finding carrier had no duty to defend or indemnify adult child of insured under umbrella policy as the child did not fall within the definition of insured on the policy.

+ Ibarra v. Pacific Specialty Insurance Company

Los Angeles County Superior Court Case No. 19LBCV000002
Obtained favorable nominal settlement on behalf of carrier following rescission of insurance policy upon learning that the policyholder was not involved in purchasing the policy.

+ Dua v. Stillwater Insurance Company

Los Angeles Superior Court Case No. BC723434
Obtained summary judgment in favor of carrier for denial of defense for dog bit which where dog was not in the “care, custody or control” of the insured at the time of the incident.

+ Bennaroch v. Garakian

Los Angeles Superior Court Case No. 20-STCV37257
Obtained defense verdict for insured on claims of illegal rental increases and elder abuse following jury trial.

+ Benetiz v. Stillwater Insurance Company

Contra Costa Superior Court Case No. CIVMSC20-00566
Petition to vacate appraisal award granted following improper inclusion of excessive COVID 19 related costs and mathematical errors in award.

+ Nim v. Pacific Specialty Insurance Company

Modesto Superior Court Case No. 2004087
Obtained defense verdict in favor of insurer after five-week jury trial seeking benefits beyond appraisal award terminating insurance policy for fraud committed by the insured and public adjuster on personal property claim. Two hour juror deliberation. Received standing ovation from jurors.

+ Bailey v. Stillwater Insurance Company

Sacramento County Superior Court Case No. 34-2017-000206242
Obtained defense verdict in favor if insurance company following six week jury trial seeking bad faith and punitive damages. Two hour juror deliberation. Defeated class certification resulting in dismissal of class action claims.

+ Meza v. Pacific Specialty Insurance Company

Fresno County Superior Court Case no. 17CECG02239
Obtained summary judgment on behalf of carrier based on allegations that the carrier was responsible for broker’s alleged negligence in failing to obtain adequate insurance coverage.

+ Herzog v. Pacific Specialty Insurance Company

Riverside County Superior Court Case No. MCC2000031
Obtained summary judgment on behalf of carrier based on showing that the insured could not maintain action against carrier when the insured failed to comply with policy conditions, including failing to appear at examination under oath.

+ Tagvoryan v. Pacific Specialty Insurance Company

Los Angeles County Superior Court Case No. 19STCV06278
Obtained summary judgment on behalf of carrier based on showing that carrier properly rescinded insurance policy based upon material misrepresentations on the insurance application.

+ Millenium Auto Sales LLC v. Pacific Specialty Insurance Company

United States District Court for the District of Arizona Case No. CV-20-00322-PHX-JAT
Obtained summary judgment on behalf of carrier for alleged breach of duty to defend under a Used Car Dealer Policy.