Arizona Partner, Derek Warner secured a complete defense victory in a high-exposure property damage and bad faith case arising from a residential fire loss. Following a thorough pre-suit investigation and close coordination with prosecutors during the related criminal trial, the jury returned a guilty verdict for arson and insurance fraud. After obtaining a stay of the civil proceedings pending that outcome, our team successfully moved for summary judgment fully disposing of the case. Great work, Derek!
This case relates to a fire and property damage at Plaintiff’s home. Plaintiff filed a property damage and bad faith suit against the insurance company. He was criminally investigated and eventually went to a jury trial for the criminal matter. The insurance carrier did a significant amount of pre-suit investigation and denied the claim based on statements from several witnesses, family members, and the insured himself (EUO was conducted by outside counsel too). We were involved in the criminal trial, working with the prosecutor to provide them with the entire file, evidence, witnesses from our end, and working with the prosecutor to prepare witnesses and specific insurance folks.
The jury returned a guilty verdict for 1) arson and 2) fraudulent schemes against the insurance carrier, which was confirmed by the judge. Prior to trial, we obtained a stay of civil proceedings pending the outcome of the trial. Once the final judgment was entered and made appealable in the criminal matter, we filed a Motion for Summary Judgment, which was granted.
Total exposure: $450,000 and punitive damages for bad faith.
