Summary Judgment for London Underwriters
Summary judgment was obtained in favor of London Underwriters in a significant insurance coverage matter. The issue arose as to whether a contractor had liability coverage for defective paving work in a parking lot at a funeral home. After hundreds of thousands of dollars were incurred by the contractor to fix the defective work, coverage was sought from London Underwriters. Michael McCoy and Robin Wexler filed a declaratory judgment action in federal court in Austin, Texas and obtained summary judgment of no coverage based on a number of applicable exclusions in the policy.
Faux Fall Fails to Win in Court
Summary judgment was obtained for a defendant when a nurse was severely injured in an alleged fall at a rent house. Michael McCoy represented the management company of the rent house, and surprised the plaintiff in depositions by showing two pre-existing injuries that she had already denied on the record, and by also demonstrating that plaintiff had exhibited drug-seeking tendencies. The Court became convinced the incident did not happen.
Recovery Granted in Indemnity Claim
In the case of Brad Trahan vs. Stric-Lan Companies Corp., et al, Jim Carroll, was able to obtain recovery against Stric-Lan Companies Corp. in connection with an indemnity claim for defense costs. Carroll successfully defended Apache Oil and Gas Co. and Ensco Offshore Co. and had them dismissed by summary judgment. Carroll also successfully had Apache picked up for defense and indemnity purposes by Tiburon Divers and their underwriters wherein Apache recovered almost all of its defense costs and had Tiburon’s CGL underwriters settle the main claim against Apache and Cross Maritime, whom Apache had been defending. This case is significant due to the fact that defense costs are recoverable despite the applicability of the Louisiana Oilfield Indemnity Act in those situations where the indemnified oil company is found free of any fault in the main demand.
United National Insurance Scores in Dallas Court of Appeals
United National Insurance brought in Fowler Rodriguez to assist on an appeal of an unfavorable arbitration award in a personal injury case. As allowed under the Arbitration Agreement, Michael McCoy and his team filed notice of appeal with the American Arbitration Association (AAA). The plaintiff challenged the right of appeal and filed a proceeding in the Dallas County District Court.
The trial judge struck down the appellate provision in the Agreement and stayed any further appeal at the AAA level. This meant the plaintiff could seek to enforce the award and prevent any appeal. McCoy and his team thus appealed the decision of the trial judge to the Dallas Court of Appeals, and sought mandamus as to the trial judge’s decision so that the original appeal would be allowed to proceed at the AAA level. The Dallas Court of Appeals found that the plaintiff had waived her right to now challenge the appeal at the AAA level, conditionally granted mandamus, and stated that the appeal may continue at the AAA level.
Underemployment Equals Reduced Payments for Service Employers
International, Inc.
A Pensacola, Florida claimant recently brought suit under the Defense Base Act against a KBR subsidiary, Service Employers International, Inc., for injuries allegedly sustained in Iraq in connection with civilian logistical support for the war effort. The claimant alleged that he was entitled to receive a compensation rate based upon his “uplifted” salary from Iraq. The claimant’s counsel asserted that the claimant was entitled to the maximum amount pursuant to the Zimmerman decision, which is currently before the United States Circuit Court of Appeal.
On behalf of the KBR subsidiary, Dee Flint countered with two legal arguments, the first of which was that the Zimmerman decision did not apply in this case and he argued that the duration of employment in Iraq was only temporary and that the court should focus on the domestic work history of the claimant in arriving at a compensation rate. Additionally, Flint argued that upon his return, the claimant was underemployed and that his compensation rate should be reduced from the maximum allowable rate.
The Court ruled that the claimant was indeed underemployed and had the capacity to earn quite a bit more. As a result, the Court reduced the claimant’s average weekly wage by approximately $300 per week, which equated to a savings of $15,600 per year and a savings of over $500,000.00 to the defendant over the life expectancy of the claimant.
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