April 5, 2012
Alexandra Selfridge prevailed at trial while representing an Insurer Defendant in a breach of insurance contract case. The Plaintiffs discovered a leak in their kitchen at the end of January 2010, and presented a claim to their insurer. It was Plaintiffs’ position that the leak was short-term, and therefore covered under the relevant policy of insurance. During Defendant’s investigation of Plaintiffs’ claim, however, the insurer determined that the leak had been ongoing for at least one month, and possibly for several months, before it was
discovered by Plaintiffs. Defendant ultimately denied Plaintiffs’ claim on the ground that the loss was excluded under the terms of the insurance policy. The subject policy excludes property damage caused by leakage occurring over a period of more than 14 days. Thereafter, Plaintiffs filed suit against Defendant.
After 28 minutes, the jury reached a unanimous defense verdict. As Plaintiffs failed to obtain a more favorable judgment than the $5,001 Code of Civil Procedure section 998 Offer by Defendant, Defendant was entitled to recover its expert witness fees, in addition to costs.