HON. JAMES A. STEELE (RET.)

Insurance  

HON JAMES A. STEELE

Dispute between trucker and trucking company on the one hand and insurance agent/broker on the other, arising out of theft of valuable cargo and insurance policy requirement requiring trucker to never leave loaded truck and trailer unattended. 

Numerous disputes concerning subrogation claims brought by insurers against third parties.

Dispute initially arising out of injured customer in drug store and defense/indemnity claims between and among the various insurers for the drug store, contracting janitorial service and its subcontractor. 

Dispute involving plaintiffs’ Qui Tam action alleging violations of Insurance Code section 1781.7 and Penal Code section 550 relating to allegedly fraudulent insurance claims filed by principal of development company and conspiracy on the part of insurance claims consultant as well as construction contracting personnel.   

Dispute against insurance company issuer of annuity involving claim to continuing benefits by heir of recipient of annuity although policy benefit was, by its terms, specifically to be paid only during recipient’s lifetime.  

Dispute involving alleged victims of scheme involving life settlement policies whereby numerous investors bought interests therein however insufficient resources resulted in significant losses.  Insureds also alleged lost opportunities in that once their policies were canceled for non-payment, they were unable to reinstate any such coverage.  Additional disputes involved corporate shareholders who alleged controlling director/officer usurped opportunities and pocketed proceeds from various transactions.  Matter had been pending in 5 related actions in both probate and civil courts.

Dispute involving issues of validity and interpretation of tax motivated, single purpose, life insurance “Crummey” trust, status and entitlement of child claimed to be omitted or post-death heir who had been included as lifetime beneficiary but whose interest had been periodically disclaimed by settlor father on child’s behalf and validity and effect of such periodic disclaimers challenged by child’s mother.

 Dispute involving claim of bad faith failure to defend brought by insured against title insurance company and out-of-state agent pertaining to multiple out-of-state properties purchased from seller who was engaged in California dissolution action and subject to ATROS (automatic restraining orders) at the time of the transfers.  Insurer took the position the purported defects in title were mere re-characterizations in title sought by adversely affected spouse of seller and therefore neither covered by the policy nor sufficient to give rise to a defense obligation.  Insurer relied upon authority pertaining to tortious conduct as to the manner in which insured acquired title and insured essentially claimed BFP status.  

Dispute between municipality and contractor, and contractor and its plumbing subcontractor, arising out of alleged contamination of water system caused by defective backflow prevention device resulting in petrochemical release and subsequent replacement of approximately 3,000 linear feet of underwater freshwater conduit system.  Case involved analysis of recoverable damages for real property loss (disputed applicability of replacement versus repair costs rules), “betterment” given age and useful remaining life of replaced system, as well as insurance issues as between multiple insurers and various indemnity agreements and additional insured endorsements.

LOS ANGELES SUPERIOR COURT, JUDGE (RET.)