Significant Cases
FMG Obtains Summary Judgment on Coverage Dispute for Insurer in Illinois Federal Court
FMG attorney, 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,…
FMG attorney, 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.
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Summary Judgment on Negligence and Breach of Fiduciary Duty Claims in Florida
FMG Attorneys Jessica Farrelly and Jessica Cauley prevailed on a motion for summary judgment in a Broward County, Florida court on claims of negligence and breach of fiduciary duty against their client, a substance abuse…
FMG Secures Summary Judgment Win Dismissing Defamation Claim in Florida
FMG attorney Alex Diaz prevailed on a motion for summary judgment in Broward County, Florida (Fort Lauderdale). A plaintiff engaged in ongoing divorce proceedings filed a lawsuit against his wife’s former divorce attorney claiming that…
FMG’s Prelitigation Advice & Counsel Secures Beneficial Settlement for Client
FMG attorneys Daniel Parker Jett and Kelly Haas successfully addressed a case involving a 57-year-old senior executive who threatened our client with a suit on grounds of age discrimination, harassment, and failure to accommodate a…
FMG Secures Motion to Dismiss in Plymouth Superior Court
Jason Haltiwanger v. Christopher Hemenway, et al. Plymouth Superior Court, C. A. No. 2483-CV-00254 FMG attorneys Will Covino and Chris Fulmer successfully prevailed on a motion to dismiss in the Plymouth Superior Court to extricate…
FMG Secures Dismissal of Complaint for Violation of the Fair Credit Reporting Act in Pennsylvania
Jacob Gates v The Grier Foundation and Geoffrey Grier, United States District Court for the Middle District of Pennsylvania, Civil Action No. 4:23-cv-01443. FMG attorneys Cindy O’Donnell and Morgan Randle prevailed on a motion to…
FMG Secures Summary Judgment on Fourth Amendment Unlawful Entry/Excessive Force Claims in Georgia
C.J., a minor, by and through her next friend and guardian Betty Jean Murphy James, et al., v. Michael Blaquiere and Downy Casey, United States District Court for the Southern District of Georgia, Civil Action…
FMG Secures Motion to Dismiss in Class Action RICO Case in Georgia
FMG attorneys Travis Knobbe, Luke Zavoli, and Matt Foree prevailed on a motion to dismiss in the United States District Court for the Northern District of Georgia before a federal judge on claims related to…
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
FMG attorneys Wayne Melnick and Sangeetha Krishnakumar secured an early dismissal of a security company in a Gwinnett County, Georgia case. Plaintiff, the surviving parent and administrator of her son’s estate, brought suit against the…
Motion To Dismiss Granted in Behavioral Health Care Provider Case in Pennsylvania
Justin Boron and Julia Bover of FMG represented a behavioral health care provider in a data breach class action. Plaintiffs alleged that they received healthcare services from the provider. As part of receiving services there,…
Wrongful Death Dismissed With Prejudice in Newark
FMG attorneys prevailed on a motion to dismiss with prejudice after protracted motion practice over the course of over two years, including two trips to the Appellate Division. Trial Court Judge Keith Lynott in Newark…
FMG Secures Motion to Dismiss Underinsured Motorist Claim in Kentucky Court
FMG attorneys Barry Miller and Dave Cecil prevailed on a motion to dismiss in Kentucky state court on a claim for underinsured motorist benefits arising from an accident that occurred while the Plaintiff was operating…