Jury Awards Two Million Against Broker For Failing to Tender Claims

(Expert) Donald Nunn v. CIGNA Property & Casualty Co., et al., Superior Ct. of CA, County of San Bernardino, Case No: VCV 002299 A jury awarded $1,866,435.58 as compensatory and punitive damages in a suit against the insured's brokers for their erroneous conclusion that there could be no potential coverage for trade secret misappropriation claims asserted against it under Nunn's "advertising injury" coverage. Nunn's insurer, CIGNA, agreed to defend it upon a subsequent direct tender of the claims to it, but refused to pay any of the $250,000.00 incurred for pre-tender fees. David A. Gauntlett convinced the jury to find property coverage.