Cassim

Cassim v. Allstate Ins. Co.

Good Law

100 Cal. App. 4th 776·123 Cal. Rptr. 2d 512

Court of Appeal of CaliforniaOctober 30, 2002B139975California9,812 words

Opinion

After a 33-day trial, appellant, Allstate Insurance Company (Allstate), was found to have breached the covenant of good faith and fair dealing in its handling of a claim made by respondents Fareed and Rashiba Cassim (Cassims). The jury specifically rejected contentions that: (1) the Cassims had submitted false claims to Allstate; and (2) the Cassims had intentionally set fire to their own home. The total amount of the judgment is $9,873,330, which includes $5 million in punitive damages. Additionally, respondents were awarded attorneys fees pursuant to Brandt v. Superior Court (1985) 37 Cal.3d 813 , 210 Cal.Rptr. 211 , 693 P.2d 796 in the sum of $1,193,533. Because of attorney misconduct in arguments to the jury, we reverse the judgment and remand the case for a new trial.

In accordance with the normal rules for appeal, we view the judgment in the light most favorable to the prevailing party. ( Las Palmas Associates v. Las Palmas Center Associates (1991) 235 Cal.App.3d 1220, 1230 , 1 Cal.Rptr.2d 301 .) In 1989 the Cassims purchased a home in Palm-dale for $173,690. Allstate subsequently issued a homeowner's policy to the Cassims on the residence. In December 1990,…

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Parties

Cassim
Plaintiff
Allstate Ins. Co.
Defendant

Judges

Munoz

Cites (51)

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235 Cal. App. 3d 1220
61 Cal. 2d 738
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