Legal Opinion

Tomaselli v. Transamerica Insurance

California Court of Appeal

Decided June 13, 1994No. Docket Nos. D015481, D015808PublishedCited by 141 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

FROEHLICH, J.

Dominick and Denise Tomaselli (Tomasellis) sued Transamerica Insurance Company (appellant), alleging appellant’s refusal to pay a claim on their homeowners policy was both a breach of contract and in bad faith. The jury awarded contract damages of $260,000, emotional distress damages totaling $500,000, and punitive damages of $11,250,000. Appellant’s claims fall into five basic categories: (1) that there is no substantial evidence to support the liability determinations; (2) that a series of evidentiary and instructional errors prejudiced the verdicts; (3) that the…

2Cases cited20 opinions

  1. Neal v. Farmers Insurance ExchangeCalifornia Supreme Court · 1978
  2. Garvey v. State Farm Fire & Casualty Co.California Supreme Court · 1989
  3. Adams v. MurakamiCalifornia Supreme Court · 1991
  4. Prudential-LMI Commercial Insurance v. Superior CourtCalifornia Supreme Court · 1990
  5. Department of Social Services v. Ronald P.California Supreme Court · 1981

15 more not listed; retrieve them via the Exa API.

3Cited by141 opinions

  1. Sonora Diamond Corp. v. Superior CourtCalifornia Court of Appeal · 2000
  2. Shade Foods, Inc. v. Innovative Products Sales & Marketing, Inc.California Court of Appeal · 2000
  3. CHATEAU CHAMBERAY HOA v. Associated Internat. Ins. Co.California Court of Appeal · 2001
  4. Wilson v. 21st Century InsuranceCalifornia Supreme Court · 2007
  5. Freund v. Nycomed AmershamCourt of Appeals for the Ninth Circuit · 2003

136 more not listed; retrieve them via the Exa API.

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