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…
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.
Professionals
More Successes
More Successes
Judge Rules in HOA’s Favor Against Property Owners’ Injunction in Florida
Attorneys Carlos A. Fernández and Cathi Carson-Freymann prevailed against property owners’ motion for injunctive relief in Palm Beach County. The property owners sought to reverse several amendments to the property’s governing documents and subsequent special…
Henry’s Louisiana Grill, Inc. v. Allied Insurance Company of America, 35 F.4th 1318 (11th Cir. 2022). In a case of first impression, the Eleventh Circuit affirmed the district court’s dismissal of an insured’s claim for…
Siasim Columbia, LLC, v. Scottsdale Insurance Company, Case No. 21-12918 (11th Cir., June 29, 2022). FMG Attorney Philip Savrin obtained an appellate victory in an insurance coverage case that arose from property damage to a…
Silvia Cotriss v. City of Roswell, et al., Case No. 19-12747 (11th Cir., June 29, 2022). FMG Attorney Michael Hill obtained affirmance of a summary judgment award on behalf of the City of Roswell and…
Albert Alikin and Nicholas Directo obtained the dismissal of their client, an insurance carrier, in Nevada federal court in a lawsuit brought by the client’s insured seeking benefits under an occupational accident medical expense policy.…
Dismissal in Bad Faith Claim Arising From Multi-Million dollar default in Kentucky
Barry Miller obtained a judgment on the pleadings dismissing FMG client from a bad faith case that resulted from a $4.25 million default judgment in the underlying auto accident. A federal court ruled that FMG’s…
Summary Judgment in Insurance Coverage Dispute in Georgia
Shawn Bingham and Eric Retter prevailed on a motion for summary judgment in the United State District Court for the Northern District of Georgia before Judge Totenberg. The matter involved a first-party property insurance case…
Summary Judgment in Multi-Million Dollar Class Action Pension Case in Georgia
Ben Mathis, Robert Marcovitch and Bill Buechner recently obtained summary judgment on behalf of Hall County in a class action pension lawsuit brought in the Superior Court. In the lawsuit, Plaintiffs sought over $100 million…
Plaintiff’s Verdict Overturned in Post Trial Motion in Massachusetts
Kevin Kenneally and William Gildea in FMG’s Boston office, won a post-trial motion for JNOV to overturn a $750,000 judgment awarded in favor of the Estate of a nursing home resident who allegedly died as…
Permanent Injunction Granted in Business Solicitation Dispute in New Jersey
Chris Donnelly and Paul Piantino secured injunctive relief in federal court in New Jersey on behalf of a large commercial client, converting a temporary restraining order into a one-year preliminary injunction against our client’s former…
Summary Judgment and Attorney’s Fees Obtained on Counter-Claims in Georgia
Wayne Melnick obtained summary judgment on both plaintiffs’ claims and our client’s counter-claims in Fulton County, Georgia. Plaintiffs (husband and wife) alleged that while attending her child’s gymnastics exhibition, the wife fell off a mat…
Summary Judgment in Insurance Coverage Dispute in Georgia
Shawn Bingham and Eric Retter prevailed on a motion for summary judgment in the United State District Court for the Northern District of Georgia before Judge Totenberg. The matter involved a first-party property insurance case…