Judge Issues Insurer Partial Summary Judgement
The plaintiff filed a claim for damage to a private swim club facility following an alleged burglary and vandalism. The defendant insurer investigated the claim and denied coverage on multiple grounds, including claim fraud. The insured sought damages of approximately $500,000, plus bad faith penalties and attorneys' fees. In January 2014, Judge Orinda D. Evans issued a partial summary judgment in favor of the insurer precluding recovery for alleged business losses, bad faith and attorneys' fees. This order precluded recovery of all but approximately $100,000 which remained at issue. Ultimately, the verdict was for less than 10 percent of the plaintiff’s initial demand.