Insurance companies have paid the lawyers at Guenard & Bozarth more than 87 million dollars.  Guenard & Bozarth litigates cases all over California. We take pride in the fact that as long as our clients have legitimate claims, we choose to represent them no matter how large or small their injuries or claims are.  We do not take just the “easy” cases, and routinely take the difficult and challenging cases.  Our lawyers have successfully resolved dozens of cases in excess of a million dollars, hundreds of cases in excess of $100,000, and many more cases under $100,000.  Examples of recent cases include the following:

Hackney v. Elite Control, et al., Sacramento County Superior Court (2010) Ms. Hackney was stopped, waiting to make a left turn when rear-ended by a pickup truck.  There was no property damage  to the truck, and there was approximately $2,000 in property damage to Ms. Hackney’s car.  Ms. Hackney experienced neck pain which led to surgery.  Allstate Insurance Company denied the claim and never made an offer to settle on the basis of low property damage, a 3-5 mph impact, the opinion of the biomechanical engineer who said the forces were not consistent with injury, and a retired neurosurgeon who said the surgery was not related to the collision.  In January 2010, a  jury found in favor of Ms. Hackney in the amount of $228,000.  The judge reduced the verdict to $95,000 which we believe is contrary to California law.  An Appeal is being considered.

Ivers v. Allstate, et al, El Dorado County Superior Court (2009) This was an Insurance Bad Faith case that Guenard & Bozarth litigated with co-counsel Ken Friedman of Friedman Rubin from Bremerton, Washington.  In January 1997 Mr. Ivers lost his home to a fire and was expecting to rebuild.  Instead, 14 months later Allstate denied his claim, accusing Mr. Ivers of arson, fraud, and non-cooperation.  In August  2005 a South Lake Tahoe jury awarded Mr. Ivers $676,000.  The jury rejected each of Allstate’s defenses.  The three-week trial included testimony that an investigator for Allstate’s lawyer attempted to hire a burglar to break into Mr. Ivers’ home to search for information to incriminate him.  Unfortunately for the investigator, he was speaking to an undercover Sacramento police officer who was wearing a wire.  In the recorded transcript, Allstate’s investigator is heard saying “We all want this case to go away, and it ain’t going to go away until, uh, ya know, we catch Ivers doing something he shouldn’t be doing, but we don’t want him to catch us doing something we shouldn’t be doing”.  A second two trial in Cameron Park in August 2006 addressed the question of whether Allstate’s actions amounted to more than a simple mistake or “honest dispute” in the words of their attorney.  The jury found that the denial for the reasons claimed was improper and Allstate breached the implied covenant of good faith and fair dealing.  After 2 trials and an appeal, Mr. Ivers’ 11 year ordeal ended in October 2009 when the trial judge awarded Mr. Ivers’ costs of the trials

McKay v. Sirius International Insurance Corporation, et al, Sacramento County Superior Court (2009) This was an Insurance Bad Faith case.  Mr. McKay purchased major medical insurance.  He promptly paid all premiums but was never provided a copy of the policy until his claim was denied.  Mr. McKay incurred substantial medical bills.  The medical carrier refused to honor the terms of the policy on the pretext and false assertion that Mr. McKay had a pre-existing condition.  This particular exclusion was invalid and unenforceable under California law.  A confidential settlement was reached.

Richardson v. Seavers, et al, Sacramento County Superior Court (2008)  Ms. Richardson was driving down a country road when defendant in a van pulled out from a side street and made a left turn in front of Ms. Richardson.  Defendants disputed liability and the nature and extent of injuries.  In June 2008 a jury awarded Ms. Richardson $275,000.

Hutnick v. Amco Insurance Co., et al,  Sacramento County Superior Court (2008) This was an Insurance Bad Faith case.  A hot water heater broke in Mr. Hutnick’s house causing flooding.  The homeowner’s carrier delayed making repairs and caused the water damage to turn into mold, causing further damage to the property as well as health problems to the occupants.  A confidential settlement was reached.

Barlow v. Household Life Insurance Co., et al, Sacramento County Superior Court (2007) This  was an Insurance Bad Faith case.  Mr. Barlow and his wife refinanced their home with Household Finance Corporation.  They purchased life insurance when signing the closing documents.  The entire premium was paid and taken out of the closing costs.  Mrs. Barlow died after complications from surgery only a few weeks later.  Mr. Barlow’s claim for the life insurance was denied.  However, under California law, a contract for temporary insurance is created immediately upon an insurer’s agent receiving an application and premium payment.  A confidential settlement was reached.

Potter-Ghazalli v. Evergreen Rehabilitation Care Center, et al, Stanislaus County Superior Court (2007) This was an Elder Abuse and Wrongful Death case.  Decedent was a resident of a skilled nursing facility who died after not being administered appropriate dosages and types of medications.  A confidential settlement was reached.

Starks v. Liberty Life Assurance Company, United States District Court, Eastern District of California, (2007) This was an Insurance Bad Faith case involving the failure of the insurance company to pay disability benefits.  The company claimed that Mr. Starks was not disabled from his employment despite the fact that his doctors told him that he required a back surgery.  The surgery was eventually completed, but it did not improve his symptoms significantly.  He remained unable to work in any capacity, but the company still refused to pay the benefits.  A confidential settlement was reached.

Galloway v. First American Specialty Insurance, et al,  Orange County Superior Court, (2006) This was an Insurance Bad Faith case.  The Galloways had an accidental fire in their residence.  They were forced to live in a motor home for more than a year.  During this time, First American never provided a written denial of the claim or any reason why the claim had not been paid.  First American failed to complete a thorough and timely investigation, forcing the Galloways  to borrow money to rebuild their house and replace their personal property.  No reason or justification was made regarding the failure to pay the claim.  A confidential settlement was reached.

Lee v. Chinese Consolidated Benevolent Association, et al, San Francisco County Superior Court, (2006) Several people were seriously injured when struck by a limousine while participating in the double-10 parade in Chinatown.  The limousine driver was under the influence of drugs while transporting a Republican assembly candidate.  Policy limits were obtained from 2 of the defendants and a confidential settlement was reached with the parade organizer.

Wilson-Gregory v. Pennsylvania Life Insurance Company, United States District Court, Eastern District of California (2006) This lawsuit involved an insurance carrier’s failure to pay disability benefits under a private disability policy.  The company initially paid the benefits, but subsequently determined that client was not disabled and stopped making payments.

A confidential settlement was reached.

Stovall v. Wielenga, et al,  San Joaquin County Superior Court (2005) This was a rear-end car accident.  California State Automobile Association, the insurer for defendant, claimed this was a minor soft tissue injury (MIST case) and denied the claim.  CSAA hired a biomechanical engineer, a chiropractor and a neurologist.  Client’s chiropractor and treating doctor testified that his injuries and treatment were caused by the accident.  The jury agreed, and awarded $58,250 on August 12, 2005

Gore v. Hunter, et al,   Placer County Superior Court (2005) Ms. Gore was rearended by a truck.  Defendants denied the nature and extent of her injuries and made no pre-trial settlement offer.  The jury found in favor of Ms. Gore in the amount of $30,000.  After plaintiff filed post-trial motions and a notice of appeal, a confidential settlement was reached.

Walker v.  On Lok, Inc. et al, San Francisco County Superior Court (2004) This was an Elder Abuse and Wrongful Death case.  Defendants had the care and custody of decedent in that she received all medical care and social services through a coordinated interdisciplinary team of physicians, nurses, physical and occupational therapists, social workers, dieticians and health workers who were supposed to provide decedent with primary medical and nursing care, physical and occupational therapy, meals, and in-home attendant and home-maker services.  Due to the failure of defendants to properly address decedent’s medical conditions, decedent’s healthdeclined rapidly leading to her death.  A confidential settlement was reached.

Straub v. Bishop Garcia Diego High School, et al, Santa Barbara County Superior Court (2003) This was a negligence case that Guenard & Bozarth litigated with co-counsel, John B. Richards of Santa Barbara.  The private catholic school allowed its students during “Spirit Week” to put up posters and banners around the school.  In order to do this students were allowed to use ladders owned by the school to climb up onto the roofs.  Ms. Straub sustained serious injuries when she was carrying a ladder with another student on the roof of the gymnasium and fell through a skylight to the concrete floor below.  A confidential settlement was reached.