Results

Appellate Decisions

Published decision in favor of Carrier reversing and remanding for new trial a $836,000 judgment and upholding JNOV in favor of Carrier on a 1.9 million dollar punitive damages verdict for rescinding an insurance policy due to material misrepresentations in connection with an application for insurance. The First District Court of Appeal agreed with Carrier that the trial court failed to instruct the jury on agency which was critical to Carrier’s defense and that instructing the jury that it had to find Plaintiffs’ made intentional misrepresentations in the application for insurance was a misstatement of the law.

Published decision in favor of Carrier holding that a CCP 998 Offer does not require an acceptance line in order to be valid.

Following a defense verdict the court of appeal found the insurer properly rescinded the insurance policy.

The court of appeal affirmed non-suit in favor or the insurer on the grounds plaintiffs failed to complete repairs within the statutory time frame and could not recover replacement cost.

Reversal of 1.9 million dollar bad faith verdict including punitive damages award in favor of Insurer.

Summary Judgment affirmed in favor of the insurer after denial of a defense arising out of a bar fight.

Trial and Motion Results

Firm secured 2023 defense verdict on behalf of insurer 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.

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

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.

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

Defense Verdict – 5 week trial. Plaintiffs claimed hidden decay in a sewer pipe caused a landslide at their home. Insuree 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.

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

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 Plaintiff claimed Carrier improperly rescinded her policy after a fire loss.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

Nonsuit Granted. Plaintiffs sued Carrier 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.

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

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.

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.”

Summary adjudication granted in favor of carrier as to bad faith and punitive damages for alleged unreasonable handling of a fire loss.

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.

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.

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.

Defeated Plaintiff’s motion for class certification based on claims that the carrier improperly denied claims for lead and asbestos under homeowners insurance policy.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Obtained defense verdict for insured on claims of illegal rental increases and elder abuse following jury trial.

Petition to vacate appraisal award granted following improper inclusion of excessive COVID 19 related costs and mathematical errors in award.

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.

Obtained defense verdict in favor of 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.

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.

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.

Obtained summary judgment on behalf of carrier based on showing that carrier properly rescinded insurance policy based upon material misrepresentations on the insurance application.

Obtained summary judgment on behalf of carrier for alleged breach of duty to defend under a Used Car Dealer Policy.

Appellate Decisions

Trial and Motion Results

Burton Kelley, LLP

Burton Kelley, LLP