Trial Successes
United Specialty Defeats Argument It is Conclusively Primary Under California “Order of Priority” Statute Applicable to Insurers
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…
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.
More Successes
More Successes
Defense Verdict in Retinal Injury Negligence Case in Massachusetts
FMG successfully defended its client in a five-day jury trial involving claims of medical negligence arising from a detached retina that allegedly failed to heal and ultimately resulted in the plaintiff losing his eye. The…
Defense Verdict in Wrongful Death Trial for Assisted Living Facility in Ohio
FMG attorneys Lisa Gentile and Julia Ray obtained a defense verdict in a wrongful death trial on behalf of an assisted living facility. Plaintiff made a pre-suit settlement demand of $1.5 million and asked the…
Defense Verdict in Week‑Long Nursing Home Wrongful Death Trial in Ohio
FMG Attorneys Kevin Norchi and Amy Baughman prevailed on all claims in a week-long trial for a skilled nursing facility client and its corporate operator. The Plaintiff was an 81 year-old former resident at the…
Arbitration Victory in Employment Discrimination Case Against Luxury Hotel Group in New York
FMG attorneys Paul Piantino, Danielle Rudkin, and Kyle Hogan prevailed on all claims in a four-day arbitration for a luxury hotel group based in Manhattan, New York, along with their individually named employees. Claimant was…
Defense Verdict in Pennsylvania Bench Trial
FMG attorney James Mathew received a defense verdict on behalf of Domino’s. The plaintiff alleged that a Domino’s delivery truck collided with his car, causing noticeable damages including scratches and dents. Testimony established that the plaintiff originally…
Defense Verdict in Case Alleging Race Discrimination and Retaliation
FMG attorney Jennifer Markowski obtained a defense verdict on behalf of a car dealership and its owners who were accused of creating a race-based hostile work environment and retaliating against the plaintiff, a salesperson, for complaining. The…
Defense Verdict in Defamation Case
After a weeklong jury trial, FMG attorneys Jennifer Markowski and Andrea Burke prevailed on all claims brought against their clients, a restaurant and its owner. The plaintiff was a former bar manager who alleged defamation and related tort claims…
Defense Verdict in Due Process Hearing
Las Vegas FMG attorney Samantha Edwards received a full defense verdict in a multi-day due process hearing for a local charter school. The risks were high, as not only were there allegations of denials of a Free Appropriate…
Successful Jury Verdict in California Catastrophic Paraplegic Lawsuit
FMG partners Paul Bigley and Jason Dineros successfully defended an admitted liability, catastrophic, head-on, auto accident case involving a 20-year-old paraplegic in a jury trial in Alameda County, California. Plaintiff sustained a T12 burst fracture that necessitated emergency spinal…
Defense Verdict in California Fiduciary Trust Claim
FMG attorneys William Munoz and David Chang obtained a defense verdict for their clients, a real estate salesperson and real estate broker, in a jury trial in Los Angeles. The plaintiffs were the mother, father and two sons. The…
Jury Significantly Reduces Damages in California Trucking Trial
FMG attorney Sharon Collier parachuted into this case after the close of discovery and shortly before trial. The case involved an admitted liability and causation rear-end accident. The plaintiffs claimed significant orthopedic injuries, including a past thoracic…
Complete Dismissal Obtained in Florida Workers’ Compensation Matter
FMG attorney Eric Eide, with support from Sarah Emrick, successfully defended a workers’ compensation claim seeking compensability, past hospital treatment, and past and future medical and mental health treatment resulting from a claimed accident with…