OCEANSIDE — A Marine captain caught between the war in Iraq and a legal battle at home was vindicated April 8 by a San Diego jury who found that his insurance company had unreasonably denied his claim.

John Colombero, who is currently serving his third tour of duty in Iraq, was awarded $3,634,744 in his lawsuit against USAA, one of the nation’s largest insurers of military personnel.

The lawsuit began in the fall of 2004 after Colombero discovered a crack in the slab of his home caused by a burst waterline, which resulted in approximately $74,000 in damages, and USAA denied his claim to cover the damages despite an “all risk” policy, court documents showed.

When investigating the claim, Ricardo Echeverria, Colombero’s attorney, stated in his client’s trial brief that USAA failed to interview witnesses, overlooked key evidence and delayed the investigation for two years before hiring a geotechnical expert, who concluded the only “reasonable” explanation was that the pipe leaks caused the damage, according to court records.

“This company did everything it could to take advantage of a man who puts his life on the line every day to protect our country,” said Colombero’s attorney, Ricardo Echeverria, in a press release.

Colombero returned home midway through the monthlong trial to testify, Echeverria said.

“John Colombero deserved to be treated with fairness, dignity and respect,” the lawyer said. “He got the exact opposite.”

USAA couldn’t be reached to comment about the case but has said it plans to appeal the decision.

More than 97 percent of the award was comprised of punitive damages, intended to penalize USAA for its “deliberate and conscious disregard of Colombero’s rights under the policy, Echeverria said.