Date: 02-22-2006

Case Style: Royal Surplus Lines Insurance Company v. Lakeside Village Properties, LP

Case Number: 04-CV-00848

Judge: David L. Russell

Court: United States District Court for the Western District of Oklahoma

Plaintiff's Attorney:

Jennifer Dutton, Anton J. Rupert, John M. Thompson, and Daniel P. Johnson of Crowe & Dunlevy, Oklahoma City, Oklahoma

Defendant's Attorney:

Matthew C. Frisby and James L. Gibbs, II of Goolsby Olson & Proctor, P.C., Oklahoma City, Oklahoma

Description:

Royal Surplus filed its declaratory judgment action seeking interpretation of the policy with respect to claims made by Lakeside arising from a fire loss. Lakeside counter claimed for breach of contract and bad faith, requesting punitive damages on both.

Outcome: This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. IT IS ORDERED AND ADJUDGED we the jury find as follows.

I. BREACH OF CONTRACT

A. Business Interruption

In favor of Defendant, Royal Surplus Lines Insurance Company and against the Plaintiff, Lakeside Village Properties, L.P.

B. Repair Costs

In favor of the Plaintiff and against the Defendant in the amount of $193,784.16 for damages.

II. BAD FAITH

A. Unpaid Repair Costs for the Ten Damages Units

In favor of Defendant, Royal Surplus Lines Insurance Company and against the Plaintiff, Lakeside Village Properties, L.P.

B. Lost Rental Revenue for the Ten Damages Units

In favor of Defendant, Royal Surplus Lines Insurance Company and against the Plaintiff, Lakeside Village Properties, L.P.

C. Loss of Business Reputation

In favor of Defendant, Royal Surplus Lines Insurance Company and against the Plaintiff, Lakeside Village Properties, LP

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None