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In a landmark decision, two sisters from San Bernardino, California, have been awarded a staggering $18 million by a jury, marking a significant win against their insurance provider, which initially failed to cover the necessary repairs for flood damage to their home. The verdict, which was delivered on April 18 by a jury in San Bernardino County, starkly contrasts the mere $5,000 initially proposed by an insurance adjuster.
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Jennifer Garnier and Angela Toft experienced significant flood damage to their Piñon Hills home in February 2019 when rainwater inundated their residence. The deluge wreaked havoc on the heating and air conditioning systems, as well as the electrical wiring of their prefabricated home. Despite the extensive damage, the sisters’ initial insurance claim was met with a paltry offer of $5,000, as reported by their attorney, Michael Hernandez.
Faced with a drastically inadequate settlement and a damaged home deemed uninhabitable, Garnier and Toft filed a lawsuit against American Reliable Insurance in September 2020. The suit alleged breach of contract, accusing the adjuster of failing to conduct a thorough inspection. Despite the dire conditions of their living situation, the sisters had no choice but to remain in their compromised home.
American Reliable, along with its parent company, Global Indemnity Group, reportedly did not comment on the ongoing legal dispute. However, legal documents reveal that the insurance company claimed delays in the inspection process were due to the plaintiffs themselves, a point contested by their legal representation.
In a significant development, American Reliable offered $140,000 to settle the claim in October 2023, mere months before the trial was set to commence. This offer came after years of contention and was explained as a response to new insights into the sisters’ living conditions obtained during pre-trial deliberations. “This decision was influenced by the imminent jury trial, showcasing a tactical move by the insurer,” Hernandez articulated.
After a six-week trial, the jury awarded each sister $3 million for emotional damages and levied $12 million in punitive damages against American Reliable and Global Indemnity Group. This verdict arrives amid an increasing exodus of insurance companies from California, driven by the escalating risks associated with natural disasters and climate change impacts, like the heightened flood risks linked to global warming.
Furthermore, the case coincides with broader insurance industry turbulence in California, exemplified by State Farm’s decision to not renew 72,000 policies due to economic and regulatory challenges. This situation is compounded by the California Department of Insurance’s new initiative, announced in September, to modernize the rate approval process to better address the evolving insurance landscape since its last overhaul in 1988.
