James P. Little v. United Services Automobile Association, Inc.

The plaintiff insured filed a claim against his homeowners insurance company for damages
from an earthquake that occurred in 2018. The insurance company denied the claim, and
the insured subsequently filed this action against the insurer alleging claims of breach of
contract, fraud, and bad faith. The trial court conducted a jury trial spanning several days.
During trial, at the close of the plaintiff’s proof, the defendant insurer moved for a directed
verdict on all claims. The trial court directed a verdict on the fraud claim but allowed the
other claims to proceed. Following deliberation, the jury returned a verdict in favor of the
plaintiff in the amount of $2,000,000. The jury found that the defendant had breached its
contract with the plaintiff but declined to find that the defendant had acted in bad faith.
The defendant insurer filed a post-trial motion, which was denied by the trial court. The
plaintiff timely appealed. Following our thorough review, we affirm the trial court’s
judgment in all respects. However, we deny the insurer’s request for an award of attorney’s
fees on appeal.