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On November 9th,
Fireman's Fund Insurance Company won a defense verdict on all
issues in a bad faith trial in the court of US District Court
Judge David Godby in Dallas. The suit sought millions in damages
under a homeowners policy insuring the only Frank Lloyd Wright
house in north Texas. Wright personally designed and worked on
the 11,000 square foot residence and its historical significance
was a major theme in Plaintiffs' case. The insureds alleged a
severe hail storm in Dallas in April 2003 damaged the copper
roof Wright installed on the expansive house when built. The
suit was a fight over causation concerning the origin of severe
water damage at the residence.
Fireman's Fund
paid $2.5 million on the claim but the insureds wanted many
millions more in the suit. Fireman's Fund defended the case on
the belief it paid all it owed for covered damages and, in fact,
had overpaid the claim. The insureds alleged Fireman's Fund
underpaid the claim, failed to adequately investigate causation,
made misrepresentations as to policy limits and committed bad
faith. Plaintiffs sued for breach of contract, Insurance Code
violations, bad faith, and violations of the DTPA. Judge Godby
allowed all issues to go to the jury. On November 9th, the jury
returned a defense verdict for Fireman's Fund on all issues.
Christopher Martin and
Greg Griffith
tried the case for Fireman's Fund. We want to thank our friends
at FFIC for having the courage to try this case and for the
opportunity our firm had to win it. We also want to thank our
trial team for their hard work which made this victory possible
including associates Nejat Ahmed and Tanja Martini of the
Dallas
office and Legal Assistant Lana Reed from the
Houston
office. This win was a great team effort and we
appreciate the incredible support we received from Fireman's
Fund which made it possible to win..
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