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.
June 9, 2017
Congratulations to Ken Greenfield and Kate Greenfield on being featured as one of the Daily Journal’s Top Defense Cases of the week. The case was a contentious insurance bad faith matter seeking substantial punitive damages. Ken and Kate were able to convince the jury to issue a full defense verdict. The verdict was reached in only 2 1/2 hours.
The Greenfield Law Firm represented a homeowner whose property insurance claim had been denied. The case settled for an undisclosed amount.
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.
December 10, 2014
Kenneth Greenfield prevailed at trial while representing an Insurer Defendant in an Insurance Bad Faith case. The dispute was over the amount of money the insurer had offered it’s insured in an underinsured motorist claim involving a rear end collision. $15,000 had been offered by the insurer, but the insured had demanded $85,000. The matter proceeded to UIM Arbitration, where the insured was awarded $55,000. The litigation followed.
After just one hour, the jury reached a unanimous defense verdict. As Plaintiffs failed to obtain a more favorable judgment than the $1001. Code of Civil Procedure section 998 Offer by Defendant, Defendant was entitled to recover its expert witness fees, in addition to costs. The Insurer’s memorandum of costs totaled more than $50,000.