BlogLine
9/22/23
FMG's Professional Liability Practice Group has decades of experience and unparalleled trial expertise in defending professionals and their insurers in errors and omissions claims throughout the nation.
FMG’s Professional Liability Practice Group has decades of experience and unparalleled trial expertise in defending professionals and their insurers in errors and omissions claims throughout the nation. Our team has represented literally thousands of individuals and tried hundreds of cases to successful verdicts. We also serve as national and coordinating counsel for a variety of carriers and corporations in their litigation throughout the country.
Our firm also is a member of PLAN (Professional Liability Attorney Network), the preeminent national organization of professional liability law firms. Our lawyers are known not only for their proactive and aggressive ability to promptly resolve claims, but also for their courtroom skills when cases proceed to trial. http://www.planattorney.org/
Freeman Mathis & Gary LLP recently obtained a seven figure plus settlement on behalf of an insurer client in connection with a Negligence and Breach of Contract action against one of the Insurer’s Binding Agents. The Binding Agent was authorized to bind and write contracts of insurance for certain classes and lines of business and types of risks on behalf of the Insurer, including excess/umbrella coverage. The insurer retained FMG to file an action against the Binding Agent for improperly underwriting, processing, handling, and billing a request for umbrella/excess coverage and issuing an insurance policy that failed to include language limiting coverage to that which was requested and paid for by the insured.
In April 2014, the Binding Agent was approached by an insurance broker seeking a competitive quote with respect to an application for Umbrella/Excess Insurance for a transportation client (the “Insured”). Through aggressive discovery requests and detailed deposition questioning, we were able to elicit documentary evidence and testimony showing the broker indisputably sought umbrella/excess coverage for only eleven specific vehicles owned or operated by the Insured. However, throughout the underwriting process, including the quoting process, the binding process, and the policy issuing process, the Binding Agent negligently failed to include appropriate language to limit the subject policy to the eleven specific vehicles set forth on the vehicle list provided by the Insured.
Indeed, we obtained damaging testimony from the Binding Agent’s Underwriter that he could have included a Designated Operations Limitation provision into the policy, which would have limited the policy’s coverage to the intended eleven vehicles. Rather than include the Designated Operations Limitation, the Underwriter included a Follow Form provision, which incorporated the coverage from the underlying policy, which in this case, covered the Insured’s entire fleet of over 140 vehicles. The Binding Agent’s cumulative failures ultimately resulted in the issuance of a policy covering many more vehicles – over 140 vehicles – then the eleven specified by the Insured, even though the Binding Agent only assessed the Insured a premium for eleven vehicles and billed the insured for eleven vehicles.
Compounding the Binding Agent’s failures further, during the underwriting process, and before the insurance policy was issued by the Binding Agent, a vehicle operated by the Insured was involved in a serious accident resulting in several individuals being significantly injured and three others killed. Although the Binding Agent was aware the vehicle involved in the accident was not designated by the Insured as one of the eleven for which the Insured sought excess coverage, the Binding Agent failed to bring this to the attention of the Insurer for over two years.
As a result of the Binding Agent’s negligence, the Insurer was required to provide insurance coverage to the Insured for the losses arising out of the aforementioned fatal accident, and for the compensatory damages in the litigation filed as a result of the accident. When the Insurer demanded reimbursement from the Binding Agent, after tendering the policy limits of the Umbrella/Excess Insurance policy to the injured plaintiffs and the estates of the deceased plaintiffs, for the costs incurred as a result of the Binding Agent’s errors, the Binding Agent rejected the demand, causing the Insurer to seek redress through litigation.
At the Settlement Conference in federal court, facing the plethora of facts we elicited in discovery showing its failures in underwriting the subject policy, the Binding Agent acknowledged its errors and omissions, and agreed to offer a significant portion of the damages sought in order to resolve the matter.
Paul Piantino, Partner and Chair of the Newark Office and Zachary Danner, Senior Counsel from the Cherry Hill Office, handled the litigation for FMG.
Bradley T. Adler
Partner
Atlanta, GA | Savannah, GA
Jeffrey L. Alitz
Partner
Boston, MA
Scott Anderson
Partner
Atlanta, GA
Brett F. Asa
Associate
Los Angeles – LAX, CA
Michael J. Athans
Retired Partner
Atlanta, GA
John M. Badagliacca
Associate
Newark, NJ | New York City, NY
Marc H. Bardack
Partner
Atlanta, GA | Savannah, GA
Janet R. Barringer
Partner
Boston, MA
Catherine A. Bednar
Partner
Boston, MA
Marisa McNatt Beller
Associate
Atlanta, GA | Savannah, GA
Amy Bender
Senior Counsel
Atlanta, GA | Tampa, FL
Julia N. Bover
Associate
New York City, NY | Cherry Hill, NJ
Matthew F. Boyer
Partner
Atlanta, GA
Paul G. Boylan
Partner
Boston, MA
Stacy Breaud
Partner
Atlanta, GA | Savannah, GA
William H. Buechner, Jr.
Senior Counsel
Atlanta, GA | Savannah, GA
LaShay L. Byrd
Associate
Lexington, KY
Gabriel Canto
Associate
Dallas, TX
Jody N. Cappello
Partner
Hartford, CT
William H. Catto
Partner
Philadelphia, PA
Jessica Cauley
Associate
Tampa, FL
Dave Cecil
Partner
Lexington, KY
Robert Chadwick
Partner
Dallas, TX | Houston, TX
David C. Chang
Associate
Los Angeles – LAX, CA
William W. Cheney
Partner
Cherry Hill, NJ
Yee S. Cheung
Associate
Houston, TX
Tia J. Combs
Partner
Lexington, KY | Indianapolis, IN
Amy B. Cowan
Partner
Atlanta, GA
Kirsten S. Daughdril
Senior Counsel
Atlanta, GA
Nicholas Directo
Associate
Los Angeles – Downtown, CA
Christopher G. Donnelly
Associate
Newark, NJ
Ben N. Dunlap
Partner
Boston, MA
Marissa A. Dunn
Associate
Atlanta, GA
Donald Patrick Eckler
Partner
Chicago, IL
Michael Edwards
Partner
Las Vegas, NV | Phoenix, AZ
Joseph C. Egbule
Associate
Los Angeles – Downtown, CA
Justin P. England
Partner
Dallas, TX
Jessica Farrelly
Partner
Tampa, FL
Marc E. Finkel
Partner
Boston, MA | Providence, RI | Hartford, CT
Lynne Finley
Partner
Dallas, TX | Houston, TX
Sabrina Abigail Focht
Associate
Dallas, TX
Steven J. Forbes
Partner
Cleveland, OH | Cincinnati, OH
Alexander S. Gebert
Associate
Dallas, TX | Albuquerque, NM
Lisa Gentile
Partner
Columbus, OH
Ryan Giggi
Associate
Boston, MA
Timothy R. Gilbert
Associate
Nashville, TN
Brian Goldberg
Partner
Atlanta, GA
Joseph Gonnella
Associate
San Diego, CA
Kaitlyn Grajek
Associate
Newark, NJ | New York City, NY
Michael Griffin
Partner
Boston, MA
Alicia A. Hagerman
Associate
Las Vegas, NV
A. Neil Hartzell
Partner
Boston, MA | Providence, RI
Kai Hecker
Senior Counsel
Dallas, TX
Alexandra F. Held
Associate
Boston, MA
Mandy D. Hexom
Partner
San Diego, CA
Doug Holthus
Partner
Columbus, OH
Sharon P. Horne
Partner
Atlanta, GA
Scott J. Hroza
Associate
Sacramento, CA
Jennawe M. Hughes
Associate
Boston, MA
Warren D. Hutchison
Partner
Boston, MA | Providence, RI
Matthew B. Jager
Associate
Atlanta, GA
Nicholas Jajko
Partner
Philadelphia, PA
Matthew Jones
Associate
Dallas, TX | Houston, TX
Jacob M. Jones
Associate
Nashville, TN
Julie B. Karron
Partner
Tampa, FL
Jessica Gray Kelly
Partner
Boston, MA
Kevin G. Kenneally
Partner
Boston, MA
Cameron Kline
Associate
Atlanta, GA
Leo G. Kogan
Partner
Atlanta, GA
Emily Kowalik
Associate
Cherry Hill, NJ
Sangeetha Krishnakumar
Associate
Atlanta, GA
Paul-Michael La Fayette
Partner
Columbus, OH | Tampa, FL
Christopher T. Lawson
Associate
Tampa, FL
Daniel W. Lee
Partner
Atlanta, GA
Tyler J. Lindberg
Senior Counsel
Los Angeles – Downtown, CA
Thomas Livingston
Associate
San Diego, CA
Meaghan Mahon
Associate
Philadelphia, PA
Dana K. Maine
General Counsel
Atlanta, GA | Savannah, GA
Jennifer L. Markowski
Partner
Boston, MA | Providence, RI
Joseph R. Marzilli
Associate
Boston, MA
Thomas K. McCraw
Partner
Boston, MA
William C. Mead
Partner
Cherry Hill, NJ | Newark, NJ
Wayne S. Melnick
Partner
Atlanta, GA | Tampa, FL
Christina R. Morgan
Associate
Boston, MA
Eric Mueller
Partner
Atlanta, GA
Todd J. Murgo
Associate
Tampa, FL
Richard L. Nahigian
Partner
Boston, MA
Derek R. Noack
Associate
Las Vegas, NV
Kevin M. Norchi
Partner
Cleveland, OH | Cincinnati, OH
Gail Orr
Senior Counsel
Los Angeles – Downtown, CA
Jason M. Pannu
Partner
Nashville, TN
Sean Andrés Rapela
Associate
Boston, MA | Providence, RI
Adam P. Reichel
Associate
Atlanta, GA
Nancy M. Reimer
Partner
Boston, MA
Brendan Richard
Senior Counsel
Cleveland, OH | Cincinnati, OH
Sean R. Riley
Partner
Philadelphia, PA | Pittsburgh, PA
Kevin M. Ringel
Partner
Chicago, IL
Craig Rolfe
Partner
Sacramento, CA
Craig J. Rolfe
Senior Counsel
Sacramento, CA
A. Ali Sabzevari
Partner
Atlanta, GA | Forest Park, GA | Savannah, GA
Jessica C. Samford
Partner
Atlanta, GA | Savannah, GA
Michael D. Sanders
Partner
Chicago, IL | Chicago, IL
Melissa A. Santalone
Partner
Tampa, FL
Alicia Silver Santocki
Partner
New York City, NY | Tampa, FL
Philip W. Savrin
Partner
Atlanta, GA
Martin S. Schexnayder
Partner
Houston, TX | Dallas, TX
Richard C. Seltzer
Senior Counsel
Houston, TX
David A. Slocum
Partner
Boston, MA
Tim Soefje
Partner
Dallas, TX | Houston, TX
Edward Solensky Jr.
Partner
Newark, NJ | Cherry Hill, NJ
Ashley L. Taragna
Associate
Philadelphia, PA
Katie A. Taylor
Associate
Atlanta, GA
Craig A. Tomlins
Partner
Sacramento, CA
Andrew M. Vandini
Associate
Boston, MA
Kyle Virgin
Partner
Lexington, KY
Matthew A. Wachstein
Senior Counsel
Cherry Hill, NJ
Michael B. Weinberg
Partner
Boston, MA
Lee D. Whatling
Associate
Atlanta, GA | Savannah, GA
Cara M. Wright
Senior Counsel
Columbus, OH | Tampa, FL
Caroline J. Wu
Associate
Los Angeles – Downtown, CA
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