Bad Faith Blog
August 9, 2013
Pro Se Bankruptcy Filings Lead to Breach of Contract and Vexatious Penalties, Rather Than Misrepresentation Defense
The Merseals had a fire loss and made a personal property claim for $150,000. A few years earlier they filed bankruptcy and prepared bankruptcy schedules valuing their personal property at $600. The jury’s verdict was for the Merseals awarding $134,000 on the policy, vexatious penalties of $13,586, and attorney’s fees of $67,000. Those rulings were affirmed on appeal.