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Verdict range $100,000 - $500,000
ARTICLE ID 19657
$________ Insurance obligation - Denial of claim for water damage to Mercedes - contends fraud by plaintiff.
Ocean County
The plaintiff motel owner contended that his ________ Mercedes Benz
________-SL was essentially rendered worthless by flooding conditions
during a "NorEaster." The plaintiff contended that an extensive
amount of rain, snow and sleet entered the car while it was in
the parking lot during the storm.
The defendant contended that the damage was caused by fraud and
maintained that based upon evidence that some lower areas of the
car were dryer than higher areas, it was clear that flood
conditions did not cause the damage and that it was intentionally
induced. The plaintiff countered that most of the damage was
caused by sleet, rain and snow entering as individuals were going
in and out of the car trying to start the car, which had stalled
in the lot, accounting for some of the lower areas not being wet.
The plaintiff adamantly denied causing the damage.
The evidence disclosed that a lake adjacent to the parking lot
had overflowed and the plaintiff contended that although some
water probably entered in this manner, the car was not immersed
and that this factor was not inconsistent with the absence of
uniform areas of wetness.
The plaintiff maintained that the car was essentially "totaled"
as a result of the flood. The plaintiff contended that value of
the car at the time of the loss was $________, which should have
been paid by the defendant, enabling him to pay off the balance
of the lease and lease a new vehicle. The plaintiff contended
that the warranty was voided and that rather than pay the buy-out
himself when the claim was denied, he continued driving the car
for the remainder of the three year lease term and extended it in
order to minimize the buy-out amount. The plaintiff related that
he made payments of $________. The plaintiff contended, however,
that he experienced very frequent breakdowns and that the
electrical system would intermittently fail. The plaintiff
contended that because of the difficulties with the car, he
essentially lost all economic benefit during this six year
period.
The plaintiff argued that the defendant should perform under the
contract and pay the $________ claim. The plaintiff also contended
that in addition to this amount, the defendant should compensate
him from the economic damages stemming from the bad faith denial
of the claim and suggested that the lease payments were a measure
of the value of the loss of use.
The defendant contended that the car was clearly not a total loss
and further contended that it had a reasonable basis to deny the
claim and did not act in bad faith.
The jury found for the plaintiff on the contractual claim under
the policy and also found that the defendant had acted in bad
faith in declining the claim. They then awarded $________ on the
contractual claim and $________ for economic loss.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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