Directed Verdict on Unreasonable Denial and Defense Verdict on Coverage for Insurer

Kathy Chaney and Jerad West obtained a complete defense verdict for a commercial property insurer on claims of breach of contract and unreasonable denial of benefits.  The Plaintiff alleged that its commercial and residential mixed use building suffered in excess of $800,000 in damages from road construction which occurred in front of the building.  The building had a mix of foundations from the 1800s, 1960s, and 2010s resulting in a great deal of historical as well as more recent damage.

The Court granted a directed verdict on December 7, 2012 on the unreasonable denial claim at the close of the Plaintiff’s case.  The jury found the Plaintiff failed to prove the damages claimed fell within the initial grant of coverage in the at-issue policies and therefore entered a verdict for the defendant insurer.