Trial Successes
United Specialty Defeats Argument It is Conclusively Primary Under California “Order of Priority” Statute Applicable to Insurers
FMG attorneys Rachel Hobbs and Mike Gelfound achieved a significant victory in a bench trial at the Superior Court of San Joaquin before Judge George J. Abdallah. The case involved a contribution action between insurers…
FMG attorneys Rachel Hobbs and Mike Gelfound achieved a significant victory in a bench trial at the Superior Court of San Joaquin before Judge George J. Abdallah. The case involved a contribution action between insurers stemming from a catastrophic trucking accident in New Mexico. FMG’s client, United Specialty, had a $1 million commercial auto policy covering the motor carrier, while Progressive insured the freight broker and FedEx Ground under a $2 million policy.
Progressive sought to recover $1.06 million in defense fees from United Specialty, claiming it was “primary” under California Insurance Code § 11580.9(d) due to its policy describing the vehicle. However, the FMG attorneys successfully argued that § 11580.9(d) did not apply because the two policies did not cover the same liability. United Specialty’s policy only addressed vicarious liability, while Progressive covered significant direct liability allegations, such as negligent vetting.
The attorneys contended it would be inequitable to designate United Specialty as “primary” for claims it did not cover. Ultimately, the Judge agreed to apportion liability based on policy limits, ruling that United Specialty was responsible for one-third of the defense costs, amounting to $353,333, while Progressive would cover the remaining two-thirds.
Professionals
More Successes
More Successes
Full Recovery Awarded in Arbitration Involving Breach of Contract Dispute in Colorado
FMG attorneys Jennifer Brockel and Kate Johnson prevailed in an arbitration proceeding in Denver, Colorado, concerning an unpaid balance for expert witness work. The matter arose when the opposing party failed to pay amounts owed…
Defense Verdict in California Real Estate Dispute
After a three-week trial in San Diego County, FMG attorneys Christopher Weber and Lili Mikaelian obtained a defense verdict in a case involving an allegedly fraudulent real estate scheme. FMG’s clients, the escrow company and…
FMG Prevails on Objection in California Class Action Settlement
FMG attorneys Danielle Ocampo and Chris Weber successfully defended a local medical clinic against a lawsuit brought by a self-represented attorney. The plaintiff, a patient of the clinic, claimed the clinic violated California’s privacy laws…
Summary Judgment Obtained in Wisconsin Bench Trial
FMG Attorneys Jonathan Schwartz and Joshua Zhao obtained summary judgment for our insurer client in a declaratory judgment action arising out of a shooting at a bar. Our client contended that due to an assault…
Defense Verdict in Sexual Harassment Jury Trial in Massachusetts
FMG attorneys Jennifer Markowski, Alexandra Held, Jennawe Hughes, and Katherine Chenail obtained a defense verdict for our union benefit funds client after a two–week jury trial in Norfolk County Superior Court. The clients were sued…
Bench Trial Victory in Defense of Florida Golf Club
FMG attorneys Jessica Farrelly and Jessica Cauley prevailed at a bench trial on behalf of their client, a non-profit private golf and country club, in the defense of a complaint alleging claims for breach of…
Defense Verdict in Wrongful Death Jury Trial in Georgia
FMG attorneys Jimmy Scarbrough, Andy Treese, and Jake Daly obtained a defense verdict in a wrongful death trial involving a pedestrian who was struck and killed by a MARTA bus in 2019. MARTA and the…
Jury Trial Victory in Illinois Involving $99 Million Negligence Claim
FMG attorneys Kingshuk Roy and Dustin Karrison successfully defended an owner and property management company at trial. The plaintiff sought $99 million in damages from the jury for paraplegic injuries sustained as a result of…
Arbitration Victory in Employment Retaliation Case in Georgia
FMG attorneys Brad Adler, Michael Hill, and Kelli Spearman prevailed on all claims in a multi-day arbitration for a nationwide automotive-platform company. The plaintiff was a former sales manager who alleged the company terminated her…
FMG Secures Trial Win in Florida
FMG attorney Kingshuk Roy represented the plaintiffs in a case involving a construction company employee who struck their vehicle while attempting a U-turn. Plaintiff 1 claimed permanent injuries to her head, neck, right wrist, left…
FMG attorneys Brian Goldberg and Anna Perry secured a victory after a three-day jury trial in the United States District Court for the Northern District of Georgia. The case involved claims for specific performance and…
FMG Secures Fantastic Trial Result in Slip and Fall Case in California
FMG attorneys Matthew Jones and Jason Dineros successfully defended a case involving disputed liability arising out of a slip-and-fall incident that took place at a small grocery store. Plaintiff alleged there was a liquid on…