Candice Bryant and Robb Cruser won summary judgment, with the U.S. District Court finding plaintiff had “constructive” knowledge of the banana box he tripped over since it was in his “plain view.” Order Granting Summary Judgment
The insurer timely gave the settlement check to UPS for overnight delivery to meet the payment terms of an offer. UPS then lost the check. Too bad for the insurer as the Court of Appeals concluded that “giving the payment to UPS for overnight delivery” was not enough to form …
Is a Golf Cart a Covered Vehicle Sufficient to Trigger Insurance Coverage? Short Answer: No, Summary Judgment granted. Order Granting GEICO’s MSJ
7/8/22 – Trial judge grants motion to enforce settlement, finding missing comma on a settlement check does not vary from offer terms. Order Granting Motion to Enforce Settlement
Last week, in Bennett v. Novas, the Court of Appeals ruled against an insurer that was attempting to settle a claim on behalf of its insured. Below are the operative facts: June 30, 2020: Claimant Luis Novas sent a 30-day demand offering to “resolve my personal injury claim against Ronda …
The Supreme Court’s recent 7-2 decision in Gallardo v. Marstiller expands the scope of Medicaid lien claims and is likely to affect the settlement of Medicaid beneficiaries’ personal injury cases. The majority opinion holds that Medicaid agencies may reimburse themselves for past Medicaid expenses out of settlements and awards reserved …