A jury rejected State Farm’s arguments its insured, Domina Law Group pc llo’s client, was responsible for a fire in his residence causing extensive damage. The Company refused coverage claiming its insured caused the fire to occur. “State Farm’s case was built on flimsy circumstantial evidence,” Dave Domina said after the jury returned a verdict for nearly one-quarter of a million dollars.
The fire leading to the litigation occurred in April 2007. The insured, a stable 31-year employee with a significant income and significant net worth, left his residence to assist a relative with an activity on a day away from his regular work schedule. About three hours later, he learned a fire occurred in his house. He returned to the scene where he was interviewed by law enforcement personnel. Initially, the property owner misjudged the time he left the house by about thirty minutes. His incorrect statement, given in the impassioned moment of his arrival at the house fire, was later corrected with his indisputable cell telephone records.
State Farm’s fire investigators claimed they could not confirm an accidental source of origin for the fire. On this basis and because of the insured’s initial uncertainty about the time he left his home—which appeared to have nothing to do with the outbreak of the fire—they blamed him for starting it. He was forced to court.
After unsuccessful attempts to resolve the matter with other counsel, the client turned to Domina Law Group pc llo. Domina Law Group pc llo filed suit and refused to compromise on the case, insisting on trial.
“The jury’s verdict was reached quickly and decisively. Simply, there was no meaningful evidence to substantiate State Farm’s position. In many ways, the evidence at trial failed to disclose even colorable support for the insurance company’s vantage point,” Domina said.
The case remains pending before the trial court on requests to tax costs and award attorney’s fees.
March, 2010
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