Results
Trial Results
Directed Verdict for Insurer – Plaintiff Failed to Prove His Damages
Directed verdict in favor of an insurer following a first-party property and bad faith jury trial in Los Angeles Superior Court arising out of a vandalism claim. After three weeks of trial and after the plaintiff rested, the Court granted the insurer's motion for directed verdict, finding the plaintiff failed to prove an essential element of his breach of contract claim — the amount of covered benefits the insurer allegedly failed to pay.
2-Hour Defense Verdict – Lowball Claims Rejected
2 hour defense verdict in favor of insurer in 6-week bad faith jury trial in Sacramento where Plaintiff
claimed insurer lowballed their loss and caused them emotional distress.
Breach of Contract Defense Verdict
Defense verdict on behalf of insurer following 2-week jury trial for breach of contract action after
successfully disposing of the bad faith action via motion for summary judgment in San Diego Superior
Court.
Nasty Neighbor Dispute – Coverage Position Upheld
Defense Verdict following bench trial where one insurer defended a nasty neighbor dispute and Client
denied a defense. Insurer's coverage position was determined to be correct.
Policy Rescission Upheld – Material Misrepresentations
30 minute jury Defense Verdict after 6 week trial in Los Angeles. Plaintiff claimed insurer improperly
rescinded her policy after a fire loss. The jury found Plaintiff made material misrepresentations on her
application.
8-Week Bad Faith Trial Win – Sudden & Accidental Loss
Firm secured jury defense verdict on behalf of insurer in an 8-week zealously litigated bad faith trial in
San Mateo Superior Court. After 2 1⁄2 days of deliberations the jury found there was no coverage for
Plaintiffs' loss as Plaintiffs failed to show a "sudden and accidental" loss occurred.
Fraud Finding – Standing Ovation from Jury
2 hour jury defense verdict and affirmative of finding of fraud by insured and public adjuster in 5-week
jury trial in Modesto due to misrepresentations and inflation of the claim. Burton Kelley trial team
received standing ovation from jurors!
Sewer Pipe Collapse – No Coverage for “Hidden Decay”
Defense verdict in favor of insurer following 6-week jury trial in Orange County where Plaintiffs' claimed
hidden decay in a buried sewer pipe caused a collapse at their home. Jury found "hidden decay" was not
the efficient proximate cause of Plaintiffs' loss.
PTSD Rescue Claim Defeated – 35-Minute Verdict
35 minute jury defense Verdict. Plaintiff claimed injures including PTSD after an alleged rescue of a
minor. Plaintiff sought damages in excess of $500,000.
Illegal Rent Increase & Elder Abuse Defense Win
Defense verdict for insured on claims of illegal rental increases and elder abuse following jury trial in Los
Angeles.
Appellate Decisions
Appellate Win on Policy Rescission & Punitive Damages
Published decision in favor of insurer reversing and remanding for new trial a $836,000 judgment and
upholding JNOV in favor of Insurer 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.
Material Misrepresentations – Rescission Upheld
Following a defense verdict the court of appeal upheld the jury verdict finding properly rescinded the
insurance policy due to material misrepresentations on the application.
Bar Fight – No Duty to Defend Affirmed
Summary Judgment affirmed in favor of the insurer after denial of a defense arising out of a bar fight.
Grow House Exclusion Bars Bad Faith Claim
Summary adjudication on bad faith affirmed on appeal where insurer applied grow house exclusion.
CCP 998 Offer Valid Without Acceptance Line
Published decision in favor of insurer holding that a CCP 998 Offer does not require an acceptance line in
order to be valid.
Statutory Repair Deadline Bars Recovery
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.
“Sudden & Accidental” Leak Not Proven
Trial verdict of no coverage affirmed on appeal where plaintiffs failed to show a "sudden and accidental"
leak occurred.
Pathogenic Organism Exclusion Upheld
Summary judgment affirmed on appeal where insurer denied claim under the pathogenic organism
exclusion.
Motion Results
Policy Voided for Fraud – Summary Judgment Won
Obtained summary judgment in favor of an insurer on a homeowner's water-damage claim, defeating causes of action for breach of contract and bad faith. The court held that the policy's Concealment or Fraud provision voided coverage entirely after the insurer established that the insured's public adjuster made a material misrepresentation about key physical evidence of the loss — a misrepresentation attributable to the insured as a matter of law.
Self-Defense Battery – No Coverage
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."
Landlord Not Liable for Child Drowning
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.
Rain Damage Exclusion – Partial Payment Irrelevant
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.
Advice of Counsel Shields from Bad Faith Claim
Obtained summary adjudication on Plaintiff's bad faith cause of action upon showing that the insurer
reasonably relied up on the advice of counsel in denying coverage under homeowners' policy for first
party property claim.
Dog Bite – No Duty to Defend
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.
Bad Faith Dismissed – Genuine Dispute
Summary adjudication granted in favor of insurer as too bad faith and punitive damages for alleged
unreasonable handling of a fire loss.
Appraisal Award Paid – No Breach of Contract
Summary judgment granted in favor of insurer upon finding insurer 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.
Class Certification Defeated – Lead/Asbestos Claims
Defeated Plaintiff's motion for class certification based on claims that insurer improperly denied claims
for lead and asbestos under homeowner's insurance policy.
Defective Roof Design – Ensuing Loss Excluded
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.