Insurance Bad Faith- Plaintiff Amor Ministries facilitates and plans mission trips to Mexico to build houses for the poorest of the poor. Ronald Day was a volunteer missionary who slipped and fell off ...the roof of a church he was helping to build in Mexico. Day sustained severe injuries as a result of the fall and subsequently sued Amor Ministries. Day and his wife, Heather, prevailed in their lawsuit and were awarded approximately $900,000. Amor Ministries tendered the claim to its insurance company, Century Surety Company. Century Surety denied the claim and refused to pay the judgment. Amor Ministries and Ron and Heather Day sued Century Surety Company for insurance bad faith. The Court awarded $1,065,455 in contract damages. The jury rendered a verdict in Plaintiffs’ favor as follows: $800,000 in economic damages; $1,000,000 in non-economic damages; Punitive damages of $2 million to Amor Ministries, $2.5 million to Ronald Day, and $750,000 to Heather Day.
Insurance
Griselda Gillard v. Fidelity National Title Insurance et. al.
Dec 11, 2014
OUTCOME: Jury Verdict- $1,450,000.00
Insurance Bad Faith- wrongful denial of title insurance benefits- Plaintiff Griselda Gillard purchased a single family residence in Fallbrook, California in 2004. Unbeknownst to Gillard, the seller fal...sified the name of his wife on an Interspousal Transfer Grant Deed, which purported to grant the wife's community property interest in the property to her husband, as his sole and separate property. In order to accomplish the falsification without detection, the seller falsified the Notary Acknowledgment prepared in connection with the Interspousal Transfer Grant Deed. The seller later falsified the name of his wife on a Quit Claim Deed, which purported to release her community property interest in the property to her husband, as his sole and separate property. The seller again falsified the Notary Acknowledgment prepared in connection with the Quit Claim Deed. The seller also falsified the Notary Acknowledgment prepared in connection with the Grant Deed which vested the property in Gillard's name. Plaintiff's Contentions: Due to these falsifications, title to the property is defective, rendering the property totally unmarketable. When Gillard learned of the defective deeds she made a claim against her title policy asserting that she did not receive the fee simple absolute title that she was insured and paid for. However, Fidelity repeatedly denied Gillard's claims, and refused to fulfill its obligations under the title insurance policy. Defendants' Contentions: Defendants contended this case is little more than a case of buyer's remorse. Defendants disputed Plaintiff's claims that title is defective. Defendants further argued that statutory law and recorded instruments invalidate Plaintiff's allegations that the Spousal Deeds are defective. The ability to challenge to the validity of the Spousal Deeds expired on October 31, 2003 and March 17, 2005, respectively, under Family Code section 1105(d), and there was no challenge by the seller's wife. Additionally, any purported defects in the Spousal Deeds were cured by operation of law pursuant to Civil Code Section 1207.Defendants argued that in the absence of any defect to Gillard's title, there is no justiciable case or controversy as to whether Fidelity breached a contract or the covenant of good faith and fair dealing. Trial: Trial was bifurcated. Phase One proceeded as a bench trial on the issues of (1) whether the policy covered Ms. Gillard's claims, and (2) whether the deeds where defective and/or void. The Court ruled in Ms. Gillard's favor and issued a written opinion. The Court ruled in favor of defendant on a remaining declaratory relief issue of whether the loans and trust deeds on the property were void due to the invalid and void title. The Phase 2 jury trial commenced thereafter on the issues of (1) breach of contract and (2) breach of the implied covenant of good faith and fair dealing. Jury Poll, 11-1 on breach of contract; 9-2 on breach of the implied covenant of good faith and fair dealing; Deliberation, 12 hours. Result: $1,450.000: Breach of Contract, $890,000; Breach of the Implied Covenant of Good Faith and Fair Dealing, $560,000.
Elder law
Margaret Kasper v. BHC Vista Operations, LLC
Jun 30, 2014
OUTCOME: Jury Verdict- Judgment- $782,757
Skilled Nursing Facility Elder Abuse and Wrongful Death-
Margaret Kasper was struck with a 6ft tall stainless steel meal tray cart which resulted in a fractured hip. She underwent a surgical hip re...pair and was returned to the facility three days later. Upon her return she was never seen by a physician, even though she suffered a secondary fall from her bed and screamed in pain and fear for several days. She died five days after her readmission to the facility. The facility argued that the cart incident was an accident and that she received appropriate medical care. However, the evidence showed that the facility’s director of nursing was aware before the incident that two staff members should push the meal tray carts because the carts are too tall and wide to be moved safely with only one person. The facility was cited by the California Department of Public Health for the death of Ms. Kasper. Plaintiffs argued that rather than follow through with its policy to require two people on the carts, the facility instead instituted a secret code, "Simon, Line 9", to be announced over the PA system that would alert all staff members that CDPH investigators were on the premises. Further, plaintiffs introduced evidence indicating that the facility’s medical director falsely signed Ms. Kasper’s medical charts and records making it appear that she had been seen by a physician after the hip fracture. Ms. Kasper and her son were awarded $708,000 in elder abuse damages and $35,000 for wrongful death.
