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Fanucci v. Allstate Insurance Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION


April 28, 2009

MICHELLE FANUCCI, PLAINTIFF,
v.
ALLSTATE INSURANCE COMPANY; MICHAEL B. BALDWIN; DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.

STIPULATION RE BAD FAITH, BREACH OF THE IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING, AND DAMAGES INCURRED BY PLAINTIFF

Plaintiff Michelle Fanucci and Defendant Allstate Insurance Company, by and through their respective counsel of record, hereby stipulate and agree as follows:

WHEREAS Plaintiff has alleged that Defendant acted unreasonably and in bad faith when it failed to accept Plaintiff's alleged demand for payment of $150,000 and allegedly failed to make a reasonable settlement offer;

WHEREAS Plaintiff has alleged that Defendant breached the implied covenant of good faith and fair dealing in its handling of her underinsured motorist claim;

WHEREAS the Honorable David C. Lee (Retired), who served as arbitrator in the August 2005 arbitration hearing between the parties, determined that Plaintiff had sustained $1,418,024.07 in damages as a result of the January 18, 1997 auto accident that gave rise to this litigation;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that (1) Plaintiff will withdraw with prejudice the bad faith portion of her breach of contract claim in this action; (2) Plaintiff will withdraw with prejudice her claim for breach of the implied covenant of good faith and fair dealing in this action; and (3) the amount of damages sustained by Plaintiff as a result of the January 18, 1997 accident was established at the arbitration hearing and that award in the amount of $1,418,024.07 (reduced by $250,000 -- $100,000 paid by the Hartford Insurance Company and $150,000 paid by Defendant) is binding on all parties as to the amount of damages Plaintiff was legally entitled to recover from the underinsured motorist.

IT IS SO STIPULATED.

20090428

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