Each and every claim needs close attention, no matter how small. Below is a list of some of the cases CDA has successfully participated in.
To see a more extensive, list, check out our Litigation History PDF!
Cases
- Florida – Washington V. Top Auto Express, Inc. The plaintiff’s case involved accidents between numerous other vehicles that collided with each other during a torrential downpour of rain on a Florida freeway. Because of at least one motor vehicle accident and stopped traffic ahead, the Top Auto Express, Inc. (“Top Auto”) truck swerved and collided with a couple of other vehicles to its right and then overcorrected to the left ultimately coming to a stop across multiple lanes of the freeway. Behind the now stationary Top Auto truck, several subsequent motor vehicle accidents occurred as some vehicles were able to safely stop and navigate around stopped vehicles while others were not; causing numerous collisions. At the tail end of these accidents a pickup truck was slowing down and pulling into the median to avoid colliding with the stopped vehicles ahead of it. The plaintiff, riding a motorcycle behind the pickup truck, could not stop in time and rear-ended the pickup truck. The motorcyclist sustained significant injuries. Top Auto did not cooperate with Prime in the defense of the case. Their non-cooperation resulted in their defenses being stricken and having the plaintiff present his case against them unopposed. The jury awarded four hundred twelve million dollars ($412,000,000). After the runaway verdict was announced, Prime negotiated with the plaintiff’s counsel and settled the case, completely satisfying the judgment and even protecting Top Auto, for the remaining nine hundred ninety-one thousand dollars ($991,000) of the one million dollar ($1,000,000) MCS-90 Filing obligation. (2020)
- Exotic Car Rental Claim. An exotic car rental company insured by Prime was sued in a Wrongful Death action. Plaintiffs’ estate alleged that Prime’s
insured was independently liable for Plaintiffs’ damages, based on a theory of negligent entrustment and/or supervision of the exotic luxury vehicle that they had rented to a customer. Plaintiffs presented a policy limits demand. Prime and their insured partnered to fight, ultimately obtaining a great result. Prime was given the highest commendations from their insured for walking them through the claims handling process, implanting an aggressive claim strategy, and protecting their company’s interests. The insured was also very impressed that he had contact from all levels of the company. - Avalanche Claim. A backcountry skiing outfitter insured by Prime was involved in an avalanche where one of the participants was killed. CDA
was able to immediately assist by mitigating media pressure and diffusing what may have otherwise been a public relations nightmare. With the Insured’s help, CDA was also able to reach out to the family of the deceased person and resolve the claim for the approximate cost of funeral and travel expenses. - Mississippi-Hurricane Katrina lawsuit vs. Prime Insurance Company. Jury unanimously rendered a defense/zero verdict. This is believed to be the first jury verdict in Mississippi exonerating an insurer in a Hurricane Katrina claim. Bryant v. Prime Insurance Syndicate, Inc. (2010), (no legal citation currently available); U.S. District Court, Mississippi, Southern Division, Civil Action No. 1:07CV1126-LG-RHW
- Nevada-Damasco vs. Prime Insurance Syndicate, Inc. Court ruled no coverage for insured nursing home because Prime’s policy was clear & unambiguous about late reporting. Prime was paid $5,000 in attorney’s fees by the nursing home. Prime Insurance Syndicate, Inc. v. Damasco, 471 F.Supp.2d 1087 (2007); U.S. District Court, Nevada, Civil Action No. 2:06-CV-00503-PMP-GWF
- California-Seanz White Water Rafting. Releases. Saenz v. Whitewater Voyages, Inc., 226 Cal.App.3d 758, 276 Cal.Rptr. 672 (1990); Court of Appeal, First District, Division 4, California, Civil Action No. A049465
- California-Certain Underwriters at Lloyd’s, London v. Robert Steven Anderson. Policy deemed to have breached for late reporting. Certain Underwriters at Lloyd’s, London v. Robert Steven Anderson dba Advanced Cedar Roof Care, et al., (no legal citation available); Superior Court of State of California, Civil Action No. SCV-14168
- Utah-Glenn Howard vs. Spirit Lake Lodge. Defense Verdict obtained. Howard v. Spirit Lake Lodge (2005), (no legal citation available); Third Judicial District, Summit County, Utah, Civil Action No. 030500128
Contact
We achieve our excellent claims results not only by knowing every detail of each policy’s coverage provisions, but also by knowing local jurisdiction requirements, being prompt and efficient, and attending all relevant conferences and mediations in person.