CINCINNATI – U.S. District Judge Susan Dlott has set apart up to 20 days for an Oct. 10 jury demo that could unravel some of the remaining mysteries from a 2014 fireplace that ruined an Indian Hill mansion and spawned a $60 million lawsuit.
Homeowners Jeffrey and Maria Decker are hoping to force Chubb National Insurance policy Co. to protect damages from the fireplace of undetermined origin at 9645 Cunningham Road. The destruction statements have been revised downward due to the fact the lawsuit was filed in 2015.
The Deckers are now in search of $15.3 million in “contract damages” from their declare, as well as $30.5 million in punitive damages. They argue Chubb’s intense fireplace investigation induced humiliation and emotional distress.
Chubb filed a counterclaim to get better extra than $700,000 paid to the Deckers as advance payments on the insurance declare, which it later denied, alleging the Deckers made untrue statements and concealed info about the fireplace.
Judge Dlott filed a 47-web page demo preview Monday, outlining authorized concerns and disputed info that keep on being in the situation. The document also delivers a witness record that includes Joel Gemunder, former CEO of Omnicare Inc., who regarded acquiring the Decker’s dwelling many many years in the past.
Arnold Barnett, former chairman of the Cincinnati Metropolitan Housing Authority, could also be termed as a witness. Chubb is hoping to preserve Barnett from testifying about Chubb’s investigation of a past insurance declare. The Deckers view it as proof of “bad religion conduct” by Chubb.
The jury is also envisioned to see the movie deposition of James Stafford, the founder and former operator of Stafford Jewelers. He was observed dead on the Deckers’ property in November 2016, five months following he informed Chubb’s attorneys that Decker was hoping to market his Indian Hill dwelling ahead of it caught fireplace.
“It was just as well much dwelling for him,” Stafford testified.
According to the deposition, Decker was a Stafford Jewelers buyer and spouse in a actual estate venture with James Stafford. Stafford testified that Decker when confided that he expended $5.5 million to create the dwelling and was hoping to market it for up to $12 million. Chubb had the dwelling appraised at $5 million. The Deckers are in search of $10.7 million in damages for the dwelling by itself and extra than $2 million for its contents, which include $29,000 for jewelry, $23,000 for furs and $5,700 for fine arts.
One of the major remaining disputes in the situation entails Chubb’s use of cell cell phone records to aid its allegation that Jeffrey Decker “was in the location of his residence, not at his alibi location” just 16 minutes ahead of the fireplace was identified by a neighbor.
Decker’s lawyer Gary Franke claimed in a December submitting that “Chubb workforce in Philadelphia” admitted in a deposition that Decker’s “actual spot could not be established.” The Deckers hired their possess expert, who claimed Chubb’s process of analyzing simply call records “can only build that an personal was in just a 21.75 mile radius of a cell cell phone tower, perfectly in just the radius-location regularly asserted by Mr. Decker as to his whereabouts.”
WCPO Insiders will study about another vital difficulty that probably will not be settled in the Oct demo.