Cases

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!

  • Florida – Saleh V. CWC Transportation, et al. Plaintiff alleged that the insured’s trailer swerved into his lane, struck his vehicle which caused him to crash into the guardrail. Prime’s insured driver denied the allegations and alleged the plaintiff rear-ended his trailer. Following the accident, the plaintiff complained of back, neck, and shoulder pain and underwent arthroscopic surgery on his shoulder. Prior to trial, the plaintiff demanded $75,000 to settle the case. Prime did not make an offer. At trial, the evidence showed that the plaintiff did in-fact cause the accident. This was supported by the police officer who testified that the plaintiff caused the accident. There was also no evidence to support plaintiff’s claims that the wind blew the trailer into the plaintiff’s lane. After 30 minutes the jury came back with a defense verdict. From the beginning of the case, Prime and the insured, CWC Transportation, believed that plaintiff’s claims were frivolous, and both were willing to take this case to trial. Prime’s unique partnership approach to handling claims resulted in Prime working collaboratively with the insured to get a great result.
  • Texas – Molly McArdle’s LLC. This claim arose out of a “dram shop” claim that was made against our Corpus Christi, Texas insured night club (“Molly’s”) due to the death of a woman in a vehicle that was hit head on a man (the “allegedly intoxicated person” or “AIP”) alleged to have been overserved while drinking there. The AIP was criminally convicted due to his blood alcohol level at the time of the accident and is now serving time in prison. Our investigation of the claim determined that Molly’s did not overserve the AIP as witnesses testified that the AIP did not appear to be intoxicated at our bar. The AIP was not involved in the accident with the other vehicle until 2 to 3 hours after he left our bar. There was also no indication that Molly’s violated the “Safe Harbor” provisions of Texas dram shop laws. Absent that showing, Molly’s could not be held liable. The case went to trial in February of 2019 and the jury awarded the deceased woman’s family $400,000 against Molly’s, find that they did overserve the AIP and that they violated Texas law. Believing the judge and jury got it wrong, we elected to take the case up on appeal. The appellate court ruled in April of 2021 that Molly’s did not violate the Safe Harbor provision of Texas dram shop laws and reversed the verdict, granting a judgment in favor Molly’s and awarding Prime the costs incurred in filing the appeal.
  • Colorado – Alonzo V. Reliant Towing & Recovery. The plaintiff alleged that defendant’s employees breached the peace while they were attempting to repossess her vehicle. The plaintiff claimed that on December 10, 2019, Reliant’s employees knocked on her door to initiate repossession efforts, but she did not answer. Plaintiff claimed in retaliation for not answering when they knocked, Reliant’s employees tried to break into her home and garage, threw rocks, etc. Reliant denied that any of these things happened. Plaintiff filed suit seeking damages for defendant’s alleged violation of the Colorado Fair Debt Collection Practices Act, extreme and outrageous conduct, and invasion of privacy by intrusion. Plaintiff sought damages in excess of $100,000 for emotional distress, punitive damages and attorney’s fees. At the close of evidence during the two day jury trial, Reliant moved for a directed verdict on all of plaintiff’s claims, arguing there was no credible evidence that Reliant’s employees exhibited extreme or outrageous conduct and that there was no evidence of any kind of emotional distress suffered by plaintiff. The trial judge agreed and granted Reliant’s motion for directed verdict on all counts, entering a judgment in favor of the defendant and against the plaintiff, and dismissing the lawsuit, with prejudice. Alonzo v. The Marquesan Cross, LLC d/b/a Reliant Towing & Recovery; 2020 CV 30671
  • 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 – Prime Insurance Syndicate, Inc. V. Damaso 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. Damaso, 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

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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.