Barnett v. Safeco

Barnett v. Safeco

Heavy rains entered the home of Richard and Paula Barnett as a result of defective roof construction and surface water against the home. First National paid $33,000 on the claim but the insured sued for breach of contract and bad faith, claiming that at least $70,000 was due for the damages to the home, that nearly $100,000 was due on an additional living expense claim and that a $10,000 mold limit on the policy should not apply.We defended First National by arguing that there was no coverage in the first place due to the applicability of a rarely-litigated exclusion for “weather conditions” when rain acts in conjunction with other excluded perils to bring about the damage. Following a 5-week jury trial and after just over an hour of deliberations, the jury returned a full defense verdict, finding no covered damages.

Demand $8.2 million, including $225,000 for emotional distress and over $200,000 for attorney fees.
Verdict DEFENSE. First National was awarded its costs in the amount of $39,057.44
Insurer Safeco

Long Beach

4500 E. Pacific Coast Highway, 4th Floor
Long Beach, CA 90804

San Francisco

101 Montgomery St., Suite 1800
San Francisco, CA 94104


3626 Fair Oaks Blvd., Suite 100
Sacramento, California 95864

Walnut Creek

1990 N California Blvd.
8th Floor
Walnut Creek, CA 94596