One reason we are successful at trial is we appreciate that knowing your case is not enough – understanding how to connect with jurors in the forum where the case is pending is essential. Distinct communities can view the same facts quite differently.”
Adam Massey, Member
Plaintiff alleged permanent spinal injury requiring injections and surgery following minor impact vehicle accident; $13,000 of incurred medical bills and future claims. Following aggressive presentation of impeachment evidence, trial court found Plaintiff not credible and awarded only $5,000 total. (2019)
Plaintiffs alleged they were injured in a car accident with Insurer-client’s insured. A deep dive by our lawyers discovered a connection between the Insurer-client’s insured and Plaintiffs, suggesting a staged wreck, and developed other impeachment evidence. Following trial, the court awarded nothing. (2019)
Bad Faith Suit Dismissed.
Plaintiff exclusively alleged Insurer-client owed penalties and attorney’s fees based on bad faith for failure to timely tender UM benefits. Case dismissed on summary judgment, affirmed on appeal to the Louisiana Third Circuit with opinion and writ denied by the Louisiana Supreme Court (2018).
Commercial Flood Claim Lawsuit Dismissed on Summary Judgment.
Following flooding in North Louisiana during the spring of 2016, Plaintiff (a large apartment complex) filed a flood claim lawsuit in the Western District of Louisiana. After aggressive discovery, the WYO flood insurer filed a summary judgment motion regarding untimely proof of loss issues. Extensive briefing ensued. The insurer’s motion was granted, and plaintiff’s case was completely dismissed. (2018).
UM Action Dismissed On New Defense Theory.
Plaintiffs claimed entitlement to UM-benefits but did not plead in their petition that the UM-insurer breached the insurance contract. Plaintiffs argued that an UM-plaintiff need not plead breach of contract to assert a cause of action for UM benefits. Insurer argued on exception of no cause of action that plaintiff must assert breach of contract to state a cause of action to recover UM benefits. Sustained by the trial court and then upheld by the Louisiana Fifth Circuit. Appellate ruling altered legal landscape in manner favorable to insurance industry. (2018)
Bad Faith Claim Dismissed.
Secured dismissal of bad faith claims against Insurer-client on summary judgment in substantial UM claim brought by a lawyer, involving alleged serious injury and $3 million future wage loss, wherein UM insurer-client took position no UM benefits owed. Affirmed on appeal to the Louisiana Fourth Circuit. (2018).
Bad Faith Suit Dismissed, New Law Developed.
Plaintiff, a body shop, sued Insurer-client asserting bad faith claim based on allegations Insurer “steered” insureds away from body shop. Trial court denied Insurer’s motions to dismiss; on appeal the Louisiana First Circuit Court of Appeal reversed and found the anti-steering bad faith law did not provide a cause of action in favor of body shops but instead is intended to protect claimants. (2017).
Flood Claims Dismissed on Summary Judgment.
Following a flood event in southern Texas, a Houston area property owner filed a flood litigation claim seeking substantial additional coverage dwelling and contents benefits in the Southern District of Texas. Following discovery and motion practice, we successfully discredited the Plaintiff’s public adjuster expert and the Court granted the WYO flood insurer’s Summary Judgment Motion, finding the insurer had paid all covered losses and done so at the appropriate sum. Plaintiff did not appeal the district court’s ruling. (2017).
Secured defense verdict for insurer-client following trial involving a first party claim for coverage for an alleged vehicle theft and burn, accompanied by claims for bad faith penalties and fees. Employed technology to develop evidence and argue that the insured failed to meet the burden of proving a covered loss by the use of and, further, that the insured failed to cooperate with the insurer’s adjustment of the claim precluding a finding of bad faith. The bad faith claims were dismissed on summary judgment, and the contract claim was dismissed at trial. (2015)
Secured defense verdict for Insurer-client after trial involving a first party claim for coverage for an alleged vehicle theft and burn, accompanied by claims for bad faith penalties and fees. The bad faith claims were dismissed on directed verdict, and the contract claim was dismissed based on the insured breaching the material misrepresentations clause of the applicable policy. (2014)
Defense verdict for insurer-client in a significant UM and bad faith claim presented under a commercial policy following a five-day jury trial. Insured underwent two cervical surgeries; claimed $1 million limits owed and penalties. We developed a cooperation defense during the contentious litigation, arguing the insured’s contractual duties continue through trial. The jury agreed, finding plaintiff breached his cooperation duties and voided the insurance contract. (2013)
Bad Faith and Contract Claims Dismissed.
Obtained summary judgment for Insurer-client, affirmed by U.S. Fifth Circuit court opinion, in a breach of contract and bad faith case involving suspicious alleged theft of a large amount of personal property from a box truck. Developed law that finds an insured’s offer to cooperate post-suit after refusing to pre-suit does not cure the breach of the policy terms. (2012).
Providing ongoing business advices to local businesses on contracts, employment issues and general advices, along with representation in litigation and arbitration.
Successfully and assertively litigated to favorable conclusion many large exposure injury cases involving commercial trucking claims.
Secured dismissal of bad faith / extracontractual claims and coverage disputes early in litigation in many matters by creative approaches to exceptions and summary judgment motions.