Westrec Marina Management. Inc. v. Jardine Insurance Brokers Orange County, Inc.

Plaintiffs, Westrec Marina Management, Inc., and Westrec Properties, are marina managers; defendants, Jardine Insurance Brokers Orange County, Inc., Jardine Insurance Brokers, Inc., Jardine Insurance Brokers Los Angeles, Inc., and Edward Gottlieb, are insurance brokers. Plaintiffs allege defendants breached their contract, their fiduciary duty, and their professional duty by (1) placing an insurance policy at a premium higher than the best available price (the Marina Placement) and (2) entering into a contract with a third party that impeded plaintiffs’ ability to offer boat insurance to their clients (the Boat Program).

The jury rendered a verdict in favor of plaintiffs on both claims, but found against them on a fraud claim. Defendants accepted the verdict with respect to the Boat Program. With regard to the Marina Placement, the court granted defendants’ motion for a new trial and denied their motion for a JNOV (judgment notwithstanding the verdict). Both parties appeal. Plaintiffs contend: (1) the time for granting a new trial had expired; (2) the court improperly excluded expert testimony regarding the Boat Program; and (3) the court improperly refused to submit the…