Barnett v. Safeco

Heavy rains entered the home of Richard and Paula Barnett as a result of defective roof construction and surface water against the home. First National paid $33,000 on the claim but the insured sued for breach of contract and bad faith, claiming that at least $70,000 was due for the damages to the home, that nearly $100,000 was due on an additional living expense claim and that a $10,000 mold limit on the policy should not apply.We defended First National by arguing that there was no coverage in the first place due to the applicability of a rarely-litigated exclusion for “weather conditions” when rain acts in conjunction with other excluded perils to bring about the damage. Following a 5-week jury trial and after just over an hour of deliberations, the jury returned a full defense verdict, finding no covered damages.

Demand $8.2 million, including $225,000 for emotional distress and over $200,000 for attorney fees.
Offer
Verdict DEFENSE. First National was awarded its costs in the amount of $39,057.44
Insurer Safeco

Long Beach

4500 E. Pacific Coast Highway, 4th Floor
Long Beach, CA 90804

San Francisco

601 California St., Suite 704
San Francisco, CA 94108

Sacramento

Gold River Office Center
11341 Gold Express Drive, Suite #110
Gold River, CA 95670

Walnut Creek

1350 Treat Blvd., Suite 400
Walnut Creek, CA 94597