Attorney Henry Harmeling IV's Legal Cases

Insurance

Brachmanis v. Fire Insurance Exchange

Jan 27, 2012

OUTCOME: Plaintiff jury verdict: $134,450 + interest + fees

Fire Insurance Exchange (Farmers) denied claim for water damage stemming from frozen pipes in attic of unoccupied residence. The policy required insured to take reasonable care to maintain heat in the ... building, or to drain pipes of water. Adjuster asked 3 questions: (1) was building vacant? (2) was furnace on? (3) was water shut off? Jury found 12-0 on breach of contract and 11-1 on breach of implied covenant of good faith and fair dealing (bad faith).

Lawsuits and disputes

Syntec Diamond Tools, Inc. v. Tecnomel International Corp., et al.

Aug 10, 2009

OUTCOME: Judgment for Client

I represented Syntec Diamond Tools as a cross-defendant, meaning Syntec sued Tecnomel and then Tecnomel cross-complained against Syntec. I was able to obtain a judgment at trial in favor of Syntec whe ... reby Tecnomel took nothing on its cross-complaint.

Construction and development

DLS Constructors, Inc. v. B.B.O., et al.

Jul 07, 2009

OUTCOME: Settlement: over $1.8 million

My client, DLS Constructors, Inc. ("DLS"), became embroiled in the middle of a dispute between the general contractor, Balfour Beatty/Ortiz Enterprises ("BBO"), and the owner, Metropolitan Transit Deve ... lopment Board ("MTDB"), with respect to underground construction work DLS performed on the La Mesa trolley extension. DLS had been significantly underpaid and BBO and MTDB were pointing the finger at each other as the source of the underpayment. Just before trial DLS resolved its claims with MTDB. Shortly thereafter, after approximately one week of trial, DLS was able to resolve its case with BBO. DLS ultimately received nearly 100% of all claimed monies owed in addition to attorney's fees and interest.

Insurance

Gaffney-Terry v. AMEX Assurance Co.

Aug 26, 2008

OUTCOME: Successful settlement - insurance bad faith

Mrs. Gaffney-Terry's husband had severe COPD that required 2 liters of oxygen per day. In August 2006 he suffered a significant fall (tripping over his oxygen line) and broke his hip. He had surgery ... in October 2006 to repair the broken hip, however the surgery was unsuccessful and the pin that was inserted into his hip pierced the bone. Mr. Terry was instructed to remain off his feet pending surgery to replace his hip. His extreme emphysema required him to ambulate lest fluid build up in his lungs. While awaiting hip replacement surgery, and unable to ambulate as a result of the August 2006 fall, Mr. Tery passed away in December 2006. The coroner and medical examiner's offices both listed the cause of death as "accident" related back to Mr. Terry's August 2006 fall. Mrs. Gaffney-Terry had three accidental death policies and thus made three accidental death claims after her husband passed away. Two of the claims were paid immediately. The third (and largest) was denied by AMEX Assurance Company ("AMEX"). AMEX claimed that Mr. Terry's death was a result of pneumonia related to his extreme COPD, and not related to his fall (in spite of the coroner's report and ME's report). We initially made a demand that would have paid Mrs. Gaffney-Terry's attorney's fees and allowed her to recover the full amount of the party. AMEX continued to deny the claim. We conducted discovery that was very favorable and (to me) required a finding of coverage. We raised our demand and AMEX continued to deny the claim. We conducted more discovery and obtained testimony that cemented causation between the fall in August and the death in December. We raised our demand and AMEX continued to deny the claim. AMEX finally made the savvy move of terminating its Los Angeles-area attorneys, in the process hiring a new (large, Los Angeles-area) firm that reevaluated the case. With a proper view of the case as a result of its new counsel, AMEX made the prudent decision to resolve the matter short of further litigation.

Employment and labor

Johnson v. B.E.S.C.R.

Feb 28, 2008

OUTCOME: Judgment for over $150,000

I represented three plaintiffs in a claim for commissions and expenses owed, along with waiting time penalties and attorney's fees. I was able to obtain a judgment totaling over $150,000 for these thr ... ee clients.

Personal injury

Pschaida v. Woody

Oct 24, 2006

OUTCOME: Settlement: policy limits ($100,000)

My client was struck by a motor vehicle when crossing the street in a marked crosswalk at an Oceanside, California, intersection. Her prior counsel had attempted to resolve the case for $17,000, which ... after the payment of medical bills would have put roughly $5,000 in my client's pocket. My client smartly declined the offer and decided that she needed a new lawyer. I took over the case and filed suit. The defendant claimed that my client had "jumped out" in front of her vehicle. Through discovery we were able to establish that my client had in fact crossed over three lanes of traffic (and through 3/4 of the intersection) before she was struck. It was not a case of my client jumping in front of traffic, it was a clear case of driver negligence. Once the true facts of the case came to light, we were able to settle the matter for the policy limits of $100,000. After the payment of medical bills my client ended up with nearly $55,000 in her pocket.