Complete Dismissal of Insurance Company Federal Lawsuit against its own Insured
Holbrook Law recently obtained a complete dismissal of a Federal Declaratory Judgment lawsuit filed by a large insurance company against its insured. The contractual terms in the insurance policy required the insurance company to defend its insured in civil lawsuits and to pay any damages awarded against its insured in those lawsuits. Nevertheless, the insurance company filed a lawsuit in federal court asking the Court to rule that the insurance company had no duty to defend its insured in a civil lawsuit filed against the insured. The insurance company also sought a ruling that the insurance company would not be required to pay any of the damages awarded against its insured in the event its insured was liable in the civil lawsuit.
Our client requested assistance in the lawsuit filed against it by its own insurance company. Holbrook Law fought the lawsuit, and won. The Federal Court completely dismissed the insurance company’s lawsuit against the insured.
Favorable Settlement of Employment Discrimination Case
Holbrook Law recently obtained a very favorable settlement for one of our clients in an employment discrimination claim against a large southeastern food distributor / retailer as well as a national employee leasing company. Our client was terminated for alleged insurbordination. Our client advised us however, that the alleged insurbordination had occurred as a result of the supervisor’s persistent illegal harrassment of our client. After eventually breaking down and responding to the harassment our client was terminated. The evidence also showed that there were a number of other employees within the same area who had engaged in far worse insurbordination, not insitigated by harassement, and who were not terminated. Although the case presented a number of legal challenges, Holbrook Law filed a complaint with the Florida Commission on Human Relations (FCHR) to commence litigation on our client’s behalf after the company refused to correct its wrongdoing. The employer settled the case before responding to the Complaint.
Holbrook Law Obtains Policy Limits Tender for Injured Motorcyclist
Holbrook Law was recently retained to represent a client who was injured while riding his motorcycle in Jacksonville. While our client was riding on Interstate 295, another driver cut off our client and slammed on the brakes in front of our client, who was traveling at highway speed when he was cut off. Our client had no where to go and was unable to avoid striking the car which had just cut him off.
Within two weeks of being retained, the insurance carrier for the other driver tendered its entire policy limits in favor of our client.
Holbrook Law Obtains $772,000 verdict for client
Our client was injured when her car was struck from behind and pushed into another vehicle. Four of our client’s treating physicians testified she suffered two cervical herniations in the crash and that her injuries were permanent. State Farm’s own defense examiner also testified that our client was injured in the crash, that she had ongoing and future work and activity restrictions and that she would need medical treatment in the future. Nevertheless, State Farm defended the case arguing that the crash was a low impact collision with minimal property damage to the vehicles and as such, our client could not have suffered permanent injuries.
State Farm prominently displayed photographs of the vehicles involved in the collision to the jury. State Farm also displayed surveillance video taken of our client on a day 5 years after the accident when she was able to enjoy a day at the beach. State Farm argued that the footage obtained while following our client around for three days, five years after the crash, somehow proved that she was not injured.
On May 14, 2014, after roughly two hours, the jury returned a verdict of $772,000* against State Farm Mutual Insurance Company in favor of our client.
*Florida Bar required disclaimer: The amount shown is the amount of the jury verdict and is the amount before deduction of attorneys’ fees and expenses. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.