Copyright 1992 Jury Verdicts Northwest Inc.

Oregon Litigation and Arbitration Reports

PROGRESSIVE SPECIALTY INSURANCE COMPANY v. RENE VARIN & DIANNE HARRIS

Case No. A8909-05268

Jury Trial Date: September 5, 1990

Date of Publication: June, 1992

TOPIC: INSURANCE FRAUD.

RESULT: PLAINTIFF VERDICT for $ 25,000 plus $ 37,500 attorney fees.

STATE: Oregon

COUNTY: Multnomah

TRIAL JUDGE: Hon. Phillip J. Roth.

PLAINTIFF ATTORNEY(S): J.P. Harris, II (Salem).

DEFENDANT ATTORNEY(S): Michael H. Bloom for Def. Varin; Craig B. Cordon for Def. Harris (both Portland).

SUMMARY: 2/2/88 – Def. Varin, male age 57, restaurant operator. Def. Varin was a passenger in Def. Harris’ vehicle insured by Plff. Def. Varin acquired judgment against Def. Harris for $ 40,000, policy limit being $ 25,000. Plff denied coverage contending fraud in that Defs. switched seats after accident and that Def. Varin was found in driver’s seat and Def. Harris in passenger seat. Defs. contended accident caused bodies to switch places. Def. Varin counterclaimed for $ 40,000 plus attorney’s fees against Plff.

PLAINTIFF EXPERT(S): Bruce Wong (Accident Reconstruction) Portland.

DEFENDANT MEDICAL EXPERT(S): Quiichian Kahn MD (Orthopedist) Portland. Beaverton.

OFFER: None. Def. asked jury for $ 40,000.

DEMAND: $ 25,000.

TRIAL-TIME: 6-day trial