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$19,550,157 VERDICT – Product Liability – Asbestos Expsoure – Carpenter contracts ... - page 29 / 32

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SUPPLEMENTAL VERDICT DIGEST

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$500,000 COMBINED VERDICT - FRAUD - INTENTIONAL INTERFERENCE WITH CONTRACT BY INSURANCE COMPANY - BREACH OF GOOD FAITH AND FAIR DEALING - PRODUCTION OF BACK-DATED UM/UIM WAIVER FORMS - LOSS OF USE OF INSURANCE FUNDS - EMOTIONAL DISTRESS TO TWO POLICE OFFICERS.

Philadelphia County, PA

This case involved allegations that fraud was committed by the defendants, Bristol Township, its insurance broker and several individual insurance agents, involved in issuing the township’s automobile insurance coverage. The plaintiffs were two Bristol Township police officers who were injured in the line of duty by an uninsured driver. The plaintiff alleged that the defendants committed fraud, as well as intentional interference with contract and breach of their duty of good faith and fair dealing by back-dating the township’s UM/UIM waiver forms in an attempt to prevent the plaintiffs from recovering uninsured motorist benefits. The plaintiffs’ uninsured motorist claims were settled after it was discovered that the waiver forms had been back- dated and were, therefore, invalid. The plaintiffs sought economic damages for an 11 month delay allegedly caused by the defendants’ fraud. The plaintiff also sought compensatory damages for emotional distress and punitive damages based

After a trial of almost three weeks, the jury found fraud, intentional interference with contractual rela- tions and breach of the duty of good faith and fair dealing against the insurance broker and two of its employees. The jury awarded $250,000 to each plaintiff for a total combined verdict of $500,000. The award included $55,000 in economic damages and $195,000 in emotional distress damages to each plaintiff. The court dismissed the plaintiffs’ claim for punitive damages. Post-trial motions are pending.

REFERENCE

Egan vs. USI MidAtlantic, Inc. Case no. 060703444; Judge Gregory E. Smith, 03-16-11.

Attorneys for plaintiff: Mark W. Tanner and Peter M. Newman of Feldman Shepherd, Wohlgelernter, Tanner, Weinstock & Dodig, LLP, in Philadelphia, PA. Attorneys for plaintiff: Gerald A. McHugh, Jr. and Daniel Bencivenga of Raynes McCarty in Philadelphia, PA.

on the defendants’ actions. The defendants argued that Bristol Township did not want UM/ UIM coverage and did not pay for such coverage.

Jones Act

$1,650,000 VERDICT - JONES ACT - ADMIRALTY - FAILURE TO MAINTAIN FISHING VESSEL IN A SEAWORTHY CONDITION - TRIP AND FALL ON OIL - TORN ROTATOR CUFF - RUPTURED LEFT BICEP TENDON.

U.S. District Court, District of MA

REFERENCE

In this admiralty matter, the plaintiff brought suit under the Jones Act for injuries he sustained when he slipped and fell as a result of oil on the deck of the defendant’s boat. The defendant denied the incident and disputed any liability to the plaintiff.

James B. Crook vs. Warren Alexander d/b/a Hawk Scallop Company, Inc. Case no. 1:09-CV-10682; Judge Rya W. Zobel, 01-28-11.

Attorneys for plaintiff: Carolyn Latti and David Anderson of Latti & Anderson in Boston, MA.

The matter was tried and the jury deliberated for a lit- tle over three hours before returning its verdict in favor of the plaintiff and against the defendant. The jury awarded the plaintiff the sum of $1,650,000 in damages.

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New York Jury Verdict Review & Analysis

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