Los Angeles Team Obtains Defense Verdict for California FAIR Plan Association

Los Angeles, Calif. (June 28, 2019) – Los Angeles Partners Elise D. Klein and Celia Moutes-Lee recently obtained a defense verdict for the California Fair Access to Insurance Requirements (FAIR) Plan Association in Ventura County Superior Court. In the case, the plaintiffs’ 99-year-old rental cabin was damaged when a tree fell on it during a windstorm.

After a thorough investigation, the FAIR Plan paid the plaintiffs more than $103,000 for the repair of the cabin under the partial loss provision of the FAIR Plan’s policy. However, the plaintiffs claimed the cabin was a total loss because it was not economically feasible to bring the cabin up to code. They claimed that they were forced to sell the cabin as they could not afford to rebuild it, causing them severe emotional distress and financial harm. The plaintiffs sought contractual benefits and $1 million in emotional distress damages.

After a two-week trial, the jury deliberated for less than two and a half hours before returning a 9-3 verdict in favor of our client. Los Angeles Associate Kayla Berlin provided round-the-clock support. Trial Consultant Holly A. Ford provided technical support at trial, as well as invaluable insights during the presentation of the evidence. Additional support was provided by Los Angeles Partners Gregory G. Lynch, Steven E. Meyer and Raul L. Martinez.

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