Guenard & Bozarth LLP recently obtained notable settlements and awards:

Trials:

Ivers v. Allstate Insurance Co., August 26, 2005 (South Lake Tahoe, CA) - Glenn Guenard of Guenard & Bozarth, LLP and Ken Friedman of Friedman, Rubin & White and, represented Mr. Ivers in a bad faith action against Allstate Insurance Co. Mr. Ivers had lost his 5,500 square foot dream home to a fire. With over $650,000 in homeowner's insurance, Ivers was expecting to rebuild. Instead, fourteen months later Allstate denied his claim, accusing Ivers of arson, fraud, and non-cooperation.

On August 26, 2005 a South Lake Tahoe jury awarded Ivers $676,000 after a three week trial. This amount represented the benefits under the Allstate policy that Ivers should have been paid following the fire. The jury rejected each of Allstate’s defenses, finding that the insurer did not prove the fire was caused by Ivers, that Ivers did not materially overstate the value of his contents, and that Ivers did not refuse to cooperate with Allstate’s investigation of the claim. Another trial against Allstate, for its bad faith claims handling and for punitive damages, will follow.

Stovall v. Wielenga, August 12, 2005 – Ross Bozarth tried a case in San Joaquin County Superior Court in front of Judge Holly. Our client was injured when defendant rear-ended him with his vehicle. Our client suffered neck, back, and right shoulder pain, which caused him to lose his job and enter vocational rehabilitation. Notably, we were able to convince Judge Holly in a 402 hearing to restrict the defendant’s biomechanical expert from testifying about medical causation. The jury came back with a total award of $58,250.00, which was reduced 20 percent due to comparative fault of another unknown vehicle ($49,540). Because our client beat his 998 offer, we were awarded another $19,047.30 in interest and costs.

Eicher v. Advanced Business Integrators, May 27, 2005 – Ross Bozarth and his associate tried an overtime case in front of Judge Rodda at Sacramento County Superior Court. Our client worked as a customer service representative/troubleshooter while working for defendant. His primary duties included training clients, answering questions, and providing customer support on a specific piece of software sold by the defendant. He worked in excess of 8 hours per day on many days during his four year tenure. After receiving an adverse decision in front of the Labor Commissioner (DLSE) in Sacramento, he appealed. Judge Rodda found him “clearly” non-exempt and entitled to overtime and overturned the Labor Commissioner’s decision. The court on post-trial judgments has awarded more than $56,000.00 in attorney’s fees, costs, and interest.

Settlements:

January 2007 - $100,000 policy limit settlement for a motor vehicle accident resulting in a back injury.

December 2006 - $525,000 settlement for wrongful denial of life insurance benefits by an insurance policy.

2006 - $300,000 policy limit settlement for a motor vehicle accident resulting in a cervical disc replacement surgery.

February 2006 - $265,000 settlement for bad faith in denying a disability claim. Insurance company had paid this claim for 9 years and suddenly stopped, claiming client’s condition improved to the extent that she should have returned to work. Her condition actually worsened.

Summer 2005 - $1.9 million settlement for client who was involved in a car accident. He had broken arms, injured leg, burns, and multiple surgeries. He was also disabled from work.

July 2004 - $500,000 settlement for bad faith case. Insurance company denied a fire claim of a burned home after moving plaintiffs out of their home and rescinding home policy. The total property damage was only $60,000.

If you have been injured in an accident, it is important to protect your legal rights.

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