Insurance Coverage Cases / Breach of Fiduciary Duty
Representative Cases
- Manufacturing company sued its insurance company for breach of contract and bad faith when the insurance company refused to pay for a heavy machine that was inoperable due to a crack.
- Storage facility sued for bad faith when its carrier failed to pay for a repair related to a vehicle crashing into the facility.
- Claim under an Underinsured Motorist policy for back injuries related to a rear end car collision.
- Attorney who had been terminated by his client prior to settlement sued the attorney who replaced him for his lien amount on the settlement due to his eight months of work on the case.
- Client sued lawyer for malpractice and other related claims because the lawyer represented him while representing the company and another director with conflicting interests.
- College aged woman sued her insurance carrier under an uninsured motorist policy for a hit and run T-bone car accident.
- Subrogation claim related to fire damage that occurred allegedly from a faulty motor in a fan.
- Insurance company sued defendants for $1 million settlement amount paid on a wrongful death action while declaratory relief action pending in federal court regarding coverage and apportionment.
- Division of insurance proceeds related to fire in a mini-mall.
- Subrogation claim related to a fire in the apartment belonging to 2 college students.
- Declaratory relief action with both parties to an automobile accident covered by the same carrier. The carrier was trying to nullify the contract as to one of its insureds due to false representations regarding the accident.
- Insured radio broadcasting station sued its insurance broker, the broker’s sub-agent/insurer’s agent, and the insurance company when the insurance company denied coverage to the insured for fire damage to its broadcasting infrastructure.
- Young musician with shoulder injuries sued his insurance company under an uninsured motorist policy when it failed to tender the policy limits.
- Claimant sued insurer on an underinsured motorist claim for a rear-end accident with multiple injections for thoracic and lumbar spine injuries.
- Insured sued for bad faith related to the failure of its carrier to offer money on an underinsured motorist claim when the arbitration award was for $150,000.
- Homeowner sued his insurance company for failure to pay when a dishwasher’s motor diverter failed thereby causing significant water intrusion into the kitchen and hallway.
- Insured sued her insurer for bad faith related to an alleged delay and misrepresentation of coverage under her Uninsured Motorist policy.
- Subrogation case in which insurance company sued the fan manufacturer of a stove, arguing that the insured’s kitchen had fire damage because the fire originated in a defective motor in the fan.
- Subrogation case in which insurance company sued the manufacturer of a dishwasher, arguing that its defective parts caused the water damage to its insured’s kitchen.
- Plaintiff sued his underinsured motorist carrier for the policy limits due to his damages including 2 back surgeries and a neck surgery.
- Insured sued insurance company under an uninsured motorist policy.
- Plaintiffs sued defendant for malicious prosecution related to the division of property.
- Insurance company sued its policy holder for rescission alleging that the policy holder made material misrepresentation in the application for the policy.
- Policyholder who was a tenant hair salon owner sued his insurance company for alleged failure to pay for entire loss of business amount resulting from fire and water damage caused by another tenant in the building.
- Declaratory relief action brought by insurance company due to misrepresentations in reporting of an automobile accident.
- Company owning a fitness center and the building where it was located sued insurer for it’s failure to defend the theft/property loss of cannabis equipment that the company claims was for business purposes related to it’s fitness center. The equipment was located in an adjacent space that was also owned by the fitness company.
- Life insurance beneficiary sued the life insurance company for bad faith and failure to pay benefits under the policy.
- Dispute involving the alleged intentional fire in a condominium complex that damaged the property of the other residents. Insurance subrogation, homeowners association and coverage issues were involved in the case.
- Dispute over insurance coverage as it relates to retaining wall on a property and damage to the homeowner, rather than the neighbor.
- Dispute over insurance coverage as a result of a judgment against the insurance holder.
- Dispute over the implications of insurance coverage as a result of a bankruptcy hearing.
- Homeowner sued insurance carrier due to failure to cover significant damage from water intrusion from a water heater.
- Beneficiary on a life insurance policy sued the insurance company for denial of coverage and bad faith.
- Lawyer sued his client for failure to pay for contingency fee work performed prior to settlement and termination.
- Case in which a person sued her insurance company for bad faith related to denial of his claim for property damage resulting from smoke from an electrical short-circuiting in the house.
- Fee dispute in which attorney sued client for 40% of settlement amount when case was settled after the termination of the relationship and may have included occurrences outside of the attorney-client relationship.
- Insurance Declaratory Relief action regarding a duty to defend or cover under a CGL policy in which a contractor is a policyholder in a dispute with a property owner involving negligence allegations.
- Client sued her attorney for malpractice and breach of contract because her attorney settled a $1 million arbitration award for $650,000 due to defendant’s threats of bankruptcy, and because the attorney allegedly failed to disclose the entire settlement amount (which would have allowed her to understand the apportionment of the settlement funds).
- Medical malpractice case involving a 76 year old woman who fractured her hip when dismounting from an MRI table. Her doctor had ordered her to have a sedative due to claustrophobia prior to the MRI and she was not offered one by the hospital.
- Interpleader action to divide life insurance proceeds between wife and children of a previous marriage due to alleged problems with beneficiary designation.
- Attorney sued his client for half a million dollars when she refused to pay plaintiff pursuant to a 36% contingency fee agreement on a judgment. Plaintiff alleged that he is entitled to 36% of the judgment given that he represented his client through a trial that resulted in a favorable judgment for plaintiff. Defendant client alleged that the money was not due because the attorney stopped providing services prior to the entry of judgment. The settlement was complicated by the fact that an attorney’s fees motion was pending on appeal after being denied by the trial court.
- A client sued his criminal defense attorney for a return of the money that he paid to the attorney pursuant to a retainer agreement. The client alleged that the attorney provided minimal services for him, and accordingly, is not entitled to the retainer money.
- Divorce attorney sued her client for failure to pay her full attorney’s fees resulting from her representation of her client in divorce proceedings.
- Numerous insurance coverage disputes regarding CGL policies.
- Numerous insurance coverage disputes regarding homeowner’s policy.
- Numerous fee disputes in which attorneys sued their clients for failure to pay legal fees.
