Case Results: Insurance Law
Below is a list of some of the cases the firm has handled, not a complete list, and is not a guaranty of future results.
Devore v. Massachusetts Casualty Insurance Company
Klein & Wilson represented a dentist who could no longer practice dentistry because he suffered from chronic daily migraine headaches. The disability carrier refused to pay insurance proceeds on the grounds the dentist made misrepresentations in his application and the dentist was not disabled. After Klein & Wilson won the jury trial, the case settled for $1.5 million.
Doe v. Massachusetts Casualty Insurance Company
Opposing counsel in the Devore case, cited above, referred a client to Klein & Wilson. After 20 years of building a garment company with $60 million in annual sales, the client suffered a ruptured eardrum on an airplane while returning from a business trip. She experienced repeated infections and had three surgeries attempting to correct the problem, to no avail. As a result of her illness, she experienced tinnitus, nausea, and migraine headaches, which prevented her from serving as the chief executive officer of her company. Her insurance company refused to pay her insurance benefits and the client sought Klein & Wilson‘s assistance. Klein & Wilson was able to recover almost $1 million for the client as a settlement of all claims without filing a lawsuit.
Doe Corporation v. Roe Corporations
Klein & Wilson recovered $715,000 for a client whose insurers refused to defend it for a covered claim, requiring the client to defend itself. This settlement represented 95% of the client’s claim for unpaid defense costs.
Doe v. Roe Insurance Company
Klein & Wilson represented a brokerage firm which had been sued by a former brokerage customer. After settling the case, the brokerage firm sought reimbursement from its insurance company. The insurance company stonewalled the brokerage firm and set forth over a dozen reasons why claims made by the insured were not covered by insurance. The brokerage firm hired an experienced coverage attorney who incurred the wrath of a federal judge for mishandling the case. At an early mediation, the insurance company offered a settlement of $50,000 and walked out of the mediation abruptly. With the case going in the wrong direction, the brokerage firm hired Klein & Wilson which mollified the angry judge and arranged for an immediate mediation. At the mediation before a federal magistrate, Klein & Wilson presented a multimedia presentation of the client’s claims which included animations and a detailed claim analysis. After seeing the presentation, the insurance company increased its $50,000 settlement offer to $650,000 and the case settled.
Wages v. Santri Insurance Brokers
Klein & Wilson represented a general contractor whose subcontractor provided proof that the general contractor was covered under the subcontractor’s policy as an additional insured. When a construction accident occurred, the subcontractor’s insurance company refused to pay the client’s loss, alleging it was not covered because the subcontractor misrepresented facts in the insurance policy application. Klein & Wilson pursued a claim against the subcontractor’s insurance broker and various insurance carriers. Klein & Wilson recovered almost $100,000 from the insurance carriers and obtained a judgment against the broker for $213,000 , representing the entire loss the client sustained.
Doe Corporation v. Roe Corporation
Plaintiff sued Klein & Wilson‘s client, a general contractor, for $12 million alleging that a 225,000 square foot concrete slab was installed defectively. Klein & Wilson tendered the defense of the case to the client’s insurance carrier who rejected the tender. Klein & Wilson threatened to file a bad faith claim against the insurance carrier. While Klein & Wilson was negotiating with the insurance carrier, it conducted discovery and proved, through expert testimony and scientific evidence, that the concrete slab was not defective and needed no repairs. Klein & Wilson resolved the case at mediation with its client paying nothing and the plaintiff receiving a nominal amount from the client’s insurance carrier.
Singh v. Royal Maccabees Insurance Company
Klein & Wilson‘s client was a prominent anesthesiologist. Following a traffic accident, he suffered carpal tunnel syndrome, for which the insurance company paid partial disability benefits. However, after releasing the insurance company from any claim for partial disability, the client found he was still not improving. The insurance company refused to pay any further benefits, and Klein & Wilson sued on behalf of the client. After getting the case ready for trial, the insurance company settled for a confidential amount.
State Farm v. Davidon Homes, et al.
Klein & Wilson represented a general contractor and an insulation installer in a subrogation case (arising out of a fire) where the insurance company claimed damages of approximately $500,000. Klein & Wilson persuaded the insurance company that the court might disqualify the insurance company’s fire expert under People v. Kelly (1976) 17 Cal.3d 24. At mediation, Klein & Wilson provided evidence that the insurance company’s fire expert made a critical mistake in not investigating a potential cause of the fire, and then destroying the evidence that could have exonerated Klein & Wilson‘s client. Subsequently, Klein & Wilson settled the dispute for less than $100,000 .
Vera Townhomes Homeowners’ Association v. State Farm
Klein & Wilson filed a first party claim against State Farm Insurance. The insurance company rejected the claim, and Klein & Wilson filed an action for bad faith against the insurance company. Before any depositions were taken, State Farm settled by paying the association’s entire claim.