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Redwood City Partners Dean Pappas and Jennifer Acheson Secure Victory on Behalf of Everest Indemnity Insurance Company

Verdict Search- October 8, 2010/The Daily Journal, Verdicts & Settlements – September 27, 2010 - 10/8/2010

By Kristen Brown

Pappas and Acheson received coverage for their work in winning a bad faith trial concerning denial of coverage.  Together, the duo defended Everest Indemnity Insurance Company against Plaintiffs Chateau De Louis, LLC, Real Enterprises, LLC, and No. Nine, LLC after a dispute arose between plaintiffs and a general contractor Pinewave Construction, Inc. about completion of a condominium project in San Francisco.  A judgment was entered against the general contractor following a binding arbitration requiring payment of nearly $1.8 million due to construction delays and defects.  Everest Indemnity Insurance Company, Pinewave's insurer, refused to pay the judgment claiming that the damages were not covered by its policy.  Plaintiffs filed suit against Everest seeking recovery of the judgment and additional damages for “bad faith” claim handling practices.   Pappas and Acheson successfully argued that the plaintiffs had not shown that the judgment included damages because of “property damage” within the meaning of the policy and that exclusions applied.  The court rendered a decision in favor of Everest.

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