Fanucci v. Allstate Insurance Company et al

Filing 49

STIPULATION AND ORDER re 47 Stipulation filed by Allstate Insurance Company. Signed by Judge Edward M. Chen on 4/30/09. (bpf, COURT STAFF) (Filed on 4/30/2009)

Case 3:08-cv-02151-EMC

Document 47

Filed 04/29/2009

Page 1 of 3

1 BRUCE L. SIMON (Bar No. 96241) [e-mail] 2 GEORGE S. TREVOR (Bar No. 127875) [e-mail] 3 ASHLEI M. VARGAS (Bar No. 250045) [e-mail] 4 PEARSON, SIMON, WARSHAW & PENNY, LLP 44 Montgomery Street, Suite 1430 5 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Plaintiff MICHELLE FANUCCI 8 MICHAEL BARNES (Bar No. 121314) 9 [e-mail] SONIA MARTIN (Bar No. 191148) 10 [e-mail] SONNENSCHEIN NATH & ROSENTHAL LLP 11 2121 N. California Blvd., Suite 800 Walnut Creek, California 94596 12 Telephone: [phone] Facsimile: [phone] 13 Attorneys for Defendant 14 ALLSTATE INSURANCE COMPANY 15 16 17 18 19 MICHELLE FANUCCI, 20 21 vs. Plaintiff, CASE NO. CV 08-02151 EMC STIPULATION RE BAD FAITH, BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING, AND DAMAGES INCURRED BY PLAINTIFF ; ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

22 ALLSTATE INSURANCE COMPANY; MICHAEL B. BALDWIN; 23 DOES 1 through 50, inclusive, 24 25 26 27 28
798623.1

Defendants.

CV 08-02151 EMC STIPULATION RE BAD FAITH, BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING, AND DAMAGES INCURRED BY PLAINTIFF

Case 3:08-cv-02151-EMC

Document 47

Filed 04/29/2009

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1

Plaintiff Michelle Fanucci and Defendant Allstate Insurance Company, by and

2 through their respective counsel of record, hereby stipulate and agree as follows: 3 WHEREAS Plaintiff has alleged that Defendant acted unreasonably and in bad faith

4 when it failed to accept Plaintiff's alleged demand for payment of $150,000 and allegedly 5 failed to make a reasonable settlement offer; 6 WHEREAS Plaintiff has alleged that Defendant breached the implied covenant of

7 good faith and fair dealing in its handling of her underinsured motorist claim; 8 WHEREAS the Honorable David C. Lee (Retired), who served as arbitrator in the

9 August 2005 arbitration hearing between the parties, determined that Plaintiff had 10 sustained $1,418,024.07 in damages as a result of the January 18, 1997 auto accident that 11 gave rise to this litigation; 12 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that (1)

13 Plaintiff will withdraw with prejudice the bad faith portion of her breach of contract claim 14 in this action; (2) Plaintiff will withdraw with prejudice her claim for breach of the implied 15 covenant of good faith and fair dealing in this action; and (3) the amount of damages 16 sustained by Plaintiff as a result of the January 18, 1997 accident was established at the 17 arbitration hearing and that award in the amount of $1,418,024.07 (reduced by $250,000 ­ 18 $100,000 paid by the Hartford Insurance Company and $150,000 paid by Defendant) is 19 binding on all parties as to the amount of damages Plaintiff was legally entitled to recover 20 from the underinsured motorist. 21 22 23 DATED: April __, 2009 24 25 26 27 28
798623.1

IT IS SO STIPULATED.

PEARSON, SIMON, WARSHAW & PENNY, LLP

By: /s/ George S. Trevor GEORGE S. TREVOR Attorneys for Plaintiff MICHELLE FANUCCI

CV 08-02151 EMC 2 STIPULATION RE BAD FAITH, BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING, AND DAMAGES INCURRED BY PLAINTIFF

Case 3:08-cv-02151-EMC

Document 47

Filed 04/29/2009

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1 DATED: April 28, 2009 2 3 4 5 6 7 8
UNIT ED

SONNENSCHEIN NATH & ROSENTHAL LLP

By: /s/ Sonia Martin SONIA MARTIN Attorneys for Defendant ALLSTATE INSURANCE COMPANY
IT IS SO ORDERED:
S DISTRICT TE C TA

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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ER

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F D IS T IC T O R

798623.1

CV 08-02151 EMC 3 STIPULATION RE BAD FAITH, BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING, AND DAMAGES INCURRED BY PLAINTIFF

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_________________ SO ORDERED T IS Edward M. Chen I U.S. Magistrate Judgee Edward M. Chen Judg
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