Defense Verdict on Two Appeals

April 1, 2005

Edmund G. Farrell, III and Bryan M. Weiss won two separate appeals on behalf of Century Surety.  The Plaintiff claimed that it was an additional insured under the Century Surety insurance policy.  However, due to a clerical error unknown to Century Surety, the wrong entity was named on the additional insured endorsement.  Plaintiff sought to have the policy reformed so as to name the correct entity as an additional insured.  The trial court ruled in favor of Century Surety and the court of appeal affirmed the decision.

Plaintiff filed a second appeal, which was based on the trial court awarding costs to Century Surety following the judgment in its favor.  Century Surety had made a CCP section 998 offer in the amount of $100 plus a waiver of costs.  Plaintiff argued that it was not a “good faith” settlement offer and that costs should not have been awarded.  Again, the trial court ruled in favor of Century Surety and was affirmed on appeal.