Appeals
Summary Judgment for Claims Adjusting Agency on a Failure to Settle Claim in Georgia
Ignacio Negrete v. National Unity Insurance Company et. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ. FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for…
Ignacio Negrete v. National Unity Insurance Company et. al., United States District Court for the Northern District of Georgia, Civil Action Number 1:20-cv-02205-SCJ.
FMG attorneys Phil Savrin and Shawn Bingham prevailed on a motion for summary judgment in the United States District Court for the Northern District of Georgia before Judge Steve C. Jones on a claim of negligent failure to settle a bodily injury claim within the monetary limits of an insurance policy. The matter concerned the failure to pay a pre-suit demand on a personal auto insurance policy with limits of $25,000 per person. FMG’s client handled the claim under general agency agreement with the insurer and issued a denial of coverage based on a policy exclusion that the plaintiff contended was not enforceable on public policy grounds. After the demand went unpaid, the plaintiff filed suit against the two purported insureds and secured default judgments exceeding $3 million combined. The plaintiff then filed suit against the insurer and FMG’s client. In granting summary judgment, the court found that FMG’s client, as claims administrator, owed no legal duty to the insureds.
Professionals
More Successes
More Successes
Appellate Victory Obtained in Case Arising out of Top Rope Climbing Incident in Illinois
FMG attorneys Michael Sanders, Brad Purcell and Sophie Stevanovich obtained a favorable decision from the Illinois Appellate Court affirming the use of exculpatory clauses. Plaintiff broke her ankle after falling while top rope climbing at an indoor…
FMG attorneys Sun Choy and Wes Jackson obtained an appellate victory for the City of Roswell in a case involving an officer’s use of spike strips to stop a high-speed pursuit. The officer involved parked…
Ohio Appellate Victory in Slip and Fall Case
FMG attorneys Doug Holthus and Cara Wright received an affirmed summary judgment in Ohio’s Third District Court of Appeals in favor of FMG’s client, a local school district board of education, in a slip and…
Florida Appellate Court Reverses Prior Order Incorrectly Denying FMG’s Motion to Dismiss
FMG attorneys Robert Klein and Chris Fraga prevailed in having Florida’s Third District Court of Appeal reverse a prior order incorrectly denying a motion to dismiss for improper venue based on their attorney client’s engagement…
Commonwealth Court of Pennsylvania Affirms Decision Regarding Statute of Repose
FMG attorney Sean Riley prevailed on appeal before the Commonwealth Court of Pennsylvania in a matter involving claims asserted against an architecture firm arising from the design and construction of the County’s jail. In 2021,…
Victory in Georgia Court of Appeals to Enforce Arbitration Clause Property Dispute
FMG attorneys Michael Freed and George Green prevailed in an appeal of a trial court’s denial of a motion to compel arbitration. The case arose from a developer’s sale of two adjacent residential lots to…
Third Circuit Affirms Dismissal in Section 1983 Civil Rights Case
FMG attorneys Cynthia O’Donnell and Shane Miller successfully obtained a judgment from the Third Circuit Court of Appeals affirming the dismissal of a case alleging violations of Plaintiffs’ Fourth Amendment rights. The case involved FMG’s…
Fifth Circuit Court of Appeals Sides with FMG Client in Section 1983 Win
FMG attorneys successfully represented Midland County, Texas in a decision that may be headed to the Supreme Court. In Wilson v. Midland County, the Court of Appeals for the Fifth Circuit affirmed the dismissal of…
FMG Prevails in Appeal Regarding Municipal Ante Litem Notice in Georgia
FMG attorneys Sun Choy and Jake Daly successfully handled a case in which the Georgia Court of Appeals affirmed the dismissal of a case against FMG’s client, the City of Albany, based on inadequate ante…
Interlocutory Appeal of a Legal Malpractice Claim Denied in Massachusetts
Edward P. O’Neil, III, et al. v. Estate of Charles E. Gaudet, et al., Middlesex Superior Court, C.A. No. 2281-CV-03571. FMG attorneys Will Covino and Allison Eddy prevailed in obtaining the dismissal of a myriad…
FMG Assists Evansville, Indiana in Defeating a First Amendment Challenge to its Sign Code
FMG Attorneys Phil Savrin, Sean Harrison, and Bill Buechner successfully represented the City of Evansville, Indiana in an appeal from the dismissal of a First Amendment challenge to a sign ordinance case that was heard…
FMG attorneys Nicolas Bohorquez and Dana Maine successfully defended the City of Roswell and the Director of Planning and Zoning for the City in a lawsuit filed in the United States District Court, Northern District…