The Greenfield Law Firm, following its recent reincarnation as an insurance litigation firm for the policy holder, is very pleased to report that its first plaintiff-side lawsuit to go to trial against an insurer has resulted in victory. In a first party personal property loss denial of coverage case against Liberty Insurance (one of the Liberty Mutual companies) where we were looking for the mere policy limit of $25,000 for our plaintiff renters, and where Liberty offered only $5,000 to settle, the jury came back on February 28, 2019 with a verdict for both breach of contract and insurance bad faith in the amount of $100,000. Our CCP 998 offer to compromise was for $99,998. We are now seeking recovery of more than $80,000, in costs and attorney fees.
Update: The court denied Liberty’s motions for new trial and for JNOV, and awarded our clients Costs, Attorney Fees, and Pre-Judgment Interest in the total amount of $76,024.17. The total amount now for the clients, who had only been looking for policy benefits of $25,000 but were forced to go to trial after Liberty would only offer $5,000, is $176,024.17. We are very happy to have helped these clients!
The Greenfield Law Firm represented an ACH direct deposit provider who was defrauded by an employer who had reversed a $101,000 deposit transaction, thus resulting in the service provider having to foot the bill for the total cost of the employer’s payroll. The matter proceeded to binding arbitration, and the service provider was awarded the amount lost, plus attorney fees and loss of profits for a total of $134,224.00.
The Greenfield Law Firm represented tenants who were suing their landlords for a breach of the implied warranty of habitability arising out of a severe mold condition at their rented home. The case settled at mediation for $120,000.
After obtaining a defense verdict in an insurance bad faith trial, Defendant filed a Memorandum of Costs to recover its costs. These costs included expert witness fees since Defendant had served a Code of Civil Procedure section 998 offer on Plaintiff that Plaintiff rejected during the course of the litigation. After the hearing on Plaintiff’s Motion to Tax Costs, the court awarded Defendant costs in the amount of $103,939.65.
May 2, 2017
Kenneth Greenfield and Kate Greenfield obtained a defense verdict in an insurance bad faith trial involving the suspicious theft of an insured’s 2013 Chevy Camaro. Plaintiff insured had parked his car on a street in Los Angeles for a week while he vacationed in Palm Springs. He gave the transponder key to his nephew to watch over the vehicle. When he returned, the vehicle was gone. The nephew still had the key, and there was no evidence that the car had been stolen or even towed by the police. The insurer suspected fraud, took a lengthy period of time to fully investigate by taking various witness statements and an examination under oath of the insured, but finally paid the full value of the Camaro nearly 8 months later. Before payment was made, the insured filed suit claiming breach of contract and insurance bad faith. It was claimed that the insurance company had unreasonably delayed payment of the claim, and had caused the insured severe emotional distress by allegedly inferring that the insured was criminally involved in the theft.
After a 10 day trial the jury deliberated for two hours and returned an 11-1 defense verdict. Plaintiff’s demand had been $250,000, and the defendant’s Code of Civil Procedure section 998 offer to compromise had been in the amount of $15,001. Thus, defendant was entitled to costs in an amount in excess of $70,000.
November 6, 2015
Kenneth Greenfield and Alexandra “Sasha” Selfridge prevailed on the Insurance Bad Faith Cause of Action trial while representing an Insurer Defendant. In late December, 2011, Plaintiff, a California resident, purchased a used car from an out-of-state dealership. He found the car on the internet, and contacted the dealer by phone. They agreed on the price, and Plaintiff paid for the car by sending money through the mail. The car sat on the dealer’s lot until it was shipped by truck to Plaintiff in California. Two months later, on February 20, 2012, the car arrived in California. When the truck driver tried to start the car to take it off of the truck, the engine caught fire, resulting in damage to the vehicle. Plaintiff added the car to his insurance policy a few days later. About a month after that, Plaintiff made a claim for insurance coverage with his insurer, who, after conducting an investigation, denied coverage for numerous reasons. Plaintiff sued Defendant for breach of the contract and insurance bad faith.
After Plaintiff rested his case, the Court granted Defendant’s Partial Motion for Nonsuit with respect to the Breach of the Implied Covenant of Good Faith and Fair Dealing Cause of Action, emotional distress damages, and punitive damages. Thus, only the Breach of Contract Cause of Action was decided by the jury. Nine out of the 12 jurors determined that Defendant breached the insurance contract, and they awarded $11,371 in damages. Defendant’s last offer before trial was $25,000. Plaintiff’s last demand before trial was $1,500,000.