News & Events
$725,167 Final Judgment After Verdict for Tokio Marine in Subrogation Case
LOS ANGELES -- Gladstone Michel Weisberg Willner & Sloane, ALC, obtained a $725,167 final judgment in favor of Tokio Marine & Nichido Fire Insurance Company in a subrogation lawsuit involving a house fire that occurred while the house was being fumigated. The judgment includes $183,576 in costs, pre-judgment interest and attorney's fees, added to the jury's verdict of $541,591.
After a 10 day trial, a Redondo Beach jury awarded Tokio Marine the full $541,591 it paid to its insureds for repair of the house, the contents and additional living expenses. The jury found the defendants breached the fumigation contract and were negligent by turning on a homeowners' fan or leaving it on, unattended, while the house was tented for fumigation. The defendants offered to settle the case for $80,000, and rejected a $350,000 settlement demand from Tokio Marine.
"We are very pleased with the jury's verdict," said Gladstone Michel principal Gene A. Weisberg, who tried the case for Tokio Marine. "This will make our client whole."
The key issues in the case were how the fire started and who was responsible. The jury agreed that the fire started in the homeowners' fan that was left on while the house was tented, and the defendants' negligence was responsible for causing harm to Tokio Marine. The jury also found that the fumigators breached the fumigation contracts.
The case is Tokio Marine Nichido Fire Insurance Company, Ltd. v. Yamaguchi Termite Control Service, Case No. YC058167.
Gladstone Michel Weisberg Willner & Sloane, ALC, provides the highest quality litigation, business, insurance and entertainment services to clients throughout the country. The firm has handled hundreds of major subrogation matters involving fire loss, construction defect, negligence, arson, and product failure.