Significant Cases
Summary Judgment Obtained on Coverage Dispute for Insurer in Illinois Federal Court
Jonathan L. Schwartz prevailed on summary judgment in favor of National Fire & Marine Insurance Company in the U.S. District Court for the Northern District of Illinois before a federal judge. As background, approximately two…
Jonathan L. Schwartz prevailed on summary judgment in favor of National Fire & Marine Insurance Company in the U.S. District Court for the Northern District of Illinois before a federal judge.
As background, approximately two months after the claimant died in February 2018, the insured received a request for medical records from counsel for the claimant’s family. The request did not demand money or threaten suit. The insured forwarded the request to the carrier, without more information. After multiple requests for information by the carrier to determine whether the matter was a “potential claim” to which the insured did not respond, the carrier closed its file.
Approximately ten months later, the insured declared bankruptcy. Nine months after that, the claimant’s Estate filed suit against the insured. The insured had its bankruptcy counsel enter an appearance in the wrongful death lawsuit, file an answer, and then facilitate a stay of the suit. But then, the Estate appeared in the bankruptcy court to seek a lift of the stay of the wrongful death to the extent of insurance proceeds. That was allowed. The wrongful death was reactivated, and nobody appeared for the insured. A default judgment of ~$3.3M was entered. At no point did anyone notify the carrier of the wrongful death lawsuit, the lift of the bankruptcy stay, or the order of default. The carrier’s first notice of the default judgment was a citation to discover assets. The carrier promptly filed a declaratory judgment action seeking a declaration of noncoverage.
The district court agreed with the arguments advanced by FMG, on behalf of its client, that the medical records request was not a “potential claim” under the Policy, which was a claims-made-and-reported policy, and further, that no “claim” or “potential claim” was reported to the carrier during the policy period. As such, the Insuring Agreement was not satisfied. Nonetheless, the district court also agreed with the argument advanced by FMG, on behalf of its client, that the insured breached the Policy’s notice and cooperation conditions.
More Successes
More Successes
New York Federal Court Grants Motion for Judgment in Insurance Coverage Dispute
FMG attorneys Jonathan Schwartz and Danielle Rudkin prevailed on a motion for judgment on the pleadings in federal court in New York on behalf of an insurance company. This case involved a medical doctor seeking coverage from the insurance…
Summary Judgment in South Carolina Construction Coverage Action
FMG attorney Shawn Bingham prevailed at summary judgment in a South Carolina federal court for an insurance company in an insurance coverage dispute arising from the construction of a large mixed-use development in Myrtle Beach, South Carolina.…
Dismissal in New Mexico Insurance Dispute
FMG attorneys Lorne Hiller and Jay Graif prevailed on a motion for judgment on the pleadings asking the Court to determine that there was no duty to defend or indemnify under two policies of insurance for an alleged $3.5…
Summary Judgment in Pennsylvania Legal Malpractice Dispute
Meaghan Mahon and Patrick Cosgrove prevailed on a motion for summary judgment in the Lycoming County Court of Common Pleas on a legal malpractice claim concerning an underlying divorce settlement. The matter pertained to our…
Summary Judgment in Ohio Sovereign Immunity Dispute
Doug Holthus and Cara Wright obtained summary judgment in favor of the City of Kenton and its police officer in a case arising from a traffic crash that occurred when the police officer was responding…
Complete Dismissal in Utah Data Breach Class Action
Justin Boron, Kevin Ringel and Danielle Ocampo successfully obtained a dismissal on all counts in a data breach class action lawsuit. Plaintiffs alleged they suffered injuries as a result of a data breach incident and…
Court Dismisses Wiretapping Claim Against California Medical Clinic
Danielle Ocampo and Chris Weber successfully defended a local medical clinic against a lawsuit brought by a self-represented attorney. The plaintiff, a patient of the clinic, claimed the clinic violated California’s privacy laws by using…
Summary Judgment in Ohio Police Dispute
Doug Holthus and Cara Wright obtained summary judgment in favor of the City of Kenton and a city police officer in a case involving a Plaintiff that was bitten by a police K9. The bite…
Summary Judgment Applying Exclusion in Wisconsin Contract Dispute
Jonathan Schwartz and Joshua Zhao obtained summary judgment for our insurer client in a declaratory judgment action arising out of a shooting at a bar. Our client contended that due to an assault and battery…
Summary Judgment in Ohio First Amendment Retaliation Dispute
FMG Attorneys Doug Holthus and Cara Wright obtained summary judgment for their police officer client in a case alleging retaliation in violation of the First Amendment of the Constitution. Plaintiff claimed that our client and…
Summary Judgment Finding No Duty in Kentucky Oil Rig Explosion
Barry M. Miller, Lucas R. Harrison and Sean C. Harrison prevailed on a motion for summary judgment in the United States District Court for the Western District of Kentucky on behalf of a nationwide insurance carrier.…
No Probable Cause Found in Florida Professional Liability Matter
Robert Klein and Chris Fraga represented a Florida attorney in responding to a complaint to the Florida Bar’s Attorney/Consumer Assistance Program, which included allegations that the client had improperly threatened a pro se Plaintiff in order…