Significant Cases

Dismissal Secured Upon Finding No Duty to Indemnify Company’s Willful Fraud Claim in California

Attorneys Al Alikin, Will Hadikusumo, and Nick Directo secure a dismissal with prejudice on behalf of their client Hiscox Insurance Company in California federal court. In the underlying action, a former employee alleged his employer fraudulently promised…

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Attorneys Al Alikin, Will Hadikusumo, and Nick Directo secure a dismissal with prejudice on behalf of their client Hiscox Insurance Company in California federal court. In the underlying action, a former employee alleged his employer fraudulently promised him an equity stake in the company if he would stay. Upon separating from employment nearly six years later, the employee demanded his equity stake, and the employer disavowed ever making the promise of equity. The matter proceeded to arbitration, which resulted in an $850,000 award in favor of the employee and against the employer, based on a finding of fraud.

The employer then sued Hiscox in federal court seeking indemnity for the award, arguing that its promises to grant equity were “employment-related misrepresentations” which should be covered under the employer’s insurance policy. FMG filed a motion to dismiss the employer’s complaint on the basis that the company never intended to grant equity in the first place and that it was a “laughable idea,” but willfully and intentionally engaged in fraud to induce the employee to stay with the company and forgo other competing offers. FMG also argued that public policy interests and California Insurance Code § 533 expressly prohibit an insurer from indemnifying the insured for its intentional and willful acts including fraud. The federal court ultimately agreed with FMG’s arguments and found that there “are no two ways about it”: Section 533 prohibited indemnification for fraud and granted the dismissal of the complaint with prejudice, without the need for oral argument.

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More Successes

Summary Judgment for Professional Liability Claim in Orange County

FMG attorneys Jessica Farrelly and Jessica Cauley prevailed on a motion for summary judgment in the Ninth Judicial Circuit Court in Orange County, Florida on claims of legal malpractice and spoilation of evidence. The matter concerned…

FMG Secures Early Dismissal in Georgia Premises Liability Case

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FMG Secures Motion to Dismiss Underinsured Motorist Claim in Kentucky Court

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FMG Obtains Summary Judgment in Landlord Liability Case in Georgia

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FMG Obtains Dismissal of Insurance Coverage / Bad Faith Action in Kentucky

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Massachusetts Federal Court Dismisses Legal Malpractice Case

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FMG Attorneys Obtain Summary Judgment Win in Trust Case in Massachusetts

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FMG Wins Dismissal of Data Breach Class Action Lawsuit in Oklahoma

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Summary Judgment Win in Personal Injury Case in Georgia

FMG Attorneys Jennifer Adair and Aaron Miller succeeded in their motion for summary judgment on behalf of Tryphena’s Garden, a wedding venue where a guest claimed she tripped and fell due to a faulty entry…