Appeals

Eleventh Circuit Victory in Insurance Coverage Case

FMG attorneys Michael Freed, Matt Boyer, and Rachael Slimmon prevailed in the Eleventh Circuit Court of Appeals in an insurance coverage case addressing the priority of coverage between its client’s umbrella policy and another carrier’s…

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FMG attorneys Michael Freed, Matt Boyer, and Rachael Slimmon prevailed in the Eleventh Circuit Court of Appeals in an insurance coverage case addressing the priority of coverage between its client’s umbrella policy and another carrier’s underlying primary policy. The case arose from a shooting on the insured’s premises. The other carrier asserted that the “excess clause” in its primary policy was excess to FMG’s client’s umbrella policy. The district court disagreed and granted summary judgment in favor of our client. Relying on precedent from the Georgia Supreme Court, the Eleventh Circuit affirmed.

 

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More Successes

FMG Attorneys Secure Win in Georgia Court of Appeals Illustrating the Importance of Municipal Ante Litem Notice

A recurring issue in Georgia municipal law is the failure of plaintiffs to comply with the municipal ante litem notice statute, especially the requirement that a person’s notice of a claim include a specific settlement…

FMG obtains Summary Judgement Victory from California Court of Appeals

Practice Fusion, Inc. v. Freedom Specialty Ins. Co., et al.  California Court of Appeal, Case No. A167130; A167886  FMG Attorneys Al Alikin and Christian Nagy, along with attorneys for other carriers in the same D&O…

Texas Court of Appeals Win!

CARL RALPH DAILY v. PHIL SMITH AND LAW OFFICE OF PHIL SMITH. Sixth Appellate District of Texas at Texarkana FMG attorneys Bob Chadwick and Jack Doyle prevailed on appeal in the Sixth Appellate District of…

FMG Attorney Wins Appeal on Anti-SLAPP Motion in Fulton County State Court in Georgia

FMG attorney Nicolas Bohorquez  prevailed on his appeal of a Fulton County State Court decision denying a motion to strike under Georgia’s Anti-SLAPP statute. A nightclub and its owner brought a suit against the Ansley…

FMG Prevails in California Court Extending Assumption of Risk Doctrine to Surfing Injuries

FMG Attorneys Al Alikin, Brian Skalsky, Christian Nagy, and Chris Fleissner prevailed in a case of first impression before the California Court of Appeal in the matter of Olson v. Saville., 98 Cal. App. 5th…

Eleventh Circuit Affirms Grant of Immunity for Investigator in Georgia

FMG attorneys Wesley Jackson and Steven Grunberg recently prevailed at the Eleventh Circuit Court of Appeals on behalf of a Berrien County Sheriff’s Office investigator. Plaintiff brought Section 1983 and state law claims against an investigator…

FMG Secures Victory in $6M Judgment Stay Vacated by Indiana Appeals Court

FMG Attorneys Patrick Eckler and Joshua Zhao prevailed in the Court of Appeals of Indiana on a plaintiff’s motion for review of an order vacating a $6 million default judgment against our client. FMG successfully…

Georgia Supreme Court Declines Review on UM Coverage Favorable to Insurers

In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on…

FMG Secures Ninth Circuit Victory in California: No Duty to Indemnify for Insured’s Fraud

FMG Attorneys Christian Nagy, Al Alikin, Will Hadikusumo, and Nick Directo secured a victory in the matter of Primary Color Systems, Inc. v. Hiscox Insurance Company, 2024 WL 489171 (9th Cir. Cal. 2024) aff’d 654…

FMG Attorneys Prevail in Multimillion-Dollar Class Action Pension Dispute in Georgia

FMG attorneys Ben Mathis, Michael Freed, and Bill Buechner prevailed on behalf of Hall County, Georgia in a pension dispute seeking over $100 million in lost contributions and profits on behalf of a class of…

Massachusetts Federal Court Dismisses Legal Malpractice Case

Attorneys Jessica Kelly and Andrew Vandini obtained full dismissal of a complaint in the U.S. District Court for the District of Massachusetts on the ground that the Massachusetts court lacked personal jurisdiction over our clients,…

Pennsylvania Court of Appeals Affirms Summary Judgment to FMG Client

FMG attorneys Erin Lamb, Lisa Grandner, and Joshua Ferguson obtained summary judgment for a client in a case in Pennsylvania arising out of an accident between the plaintiff’s motorcycle and a motor vehicle  that occurred…