|Demand||$2.3 million, reduced to $1.8 million at the beginning of trial.|
|Offer||$50,000 with an indication of more if plaintiff would reduce its demand.|
|Verdict||DEFENSE. The court also granted rescission of the cross-complaint based upon material misrepresentations in the insurance application.|
Federal court lawsuit for insurance bad faith. Plaintiff was an attorney who obtained an errors and omissions policy with the defendant and later sought a defense and indemnity against a claim by the Lutheran Synod Foundation for the alleged conversion of $1.9 million from an estate which the insured was hired to administer. Coverage counsel hired by the defendant discovered that the insured had failed to disclose a State Bar disciplinary proceeding in his insurance application. Consequently, the request for a defense and indemnity was denied. Plaintiff then sued, seeking recovery of the $1.5 million judgment against him plus interest (a total of $2.3 million). Defendant filed a cross-complaint seeking rescission of the insurance policy.
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