In a broker liability action involving a local California aerospace company, Csuccessfully defeated the plaintiffs’ claims of professional negligence and fraud at the summary judgment stage. CM successfully moved to exclude the plaintiffs’ expert witness testimony, which served as the foundation for the entirety of the plaintiffs’ claims. The plaintiffs alleged that the broker “grossed up” premiums with undisclosed fees and commissions to enrich himself at the expense of the plaintiffs.
In review of the documentation, CM proved that the client indeed disclosed these fees and commissions; however, the proverbial nail in the plaintiff’s coffin was the firm’s discovery that the plaintiffs’ expert had not been an insurance broker in over 40 years. CM’s diligent investigation led to the exclusion of the expert before summary judgment was even granted.