An $18,000,000 Dismissal

Claims Alleged: Personal Injury

Injuries Alleged: Quadriplegia

Amount Claimed: $18,000,000

The Background

Plaintiff was a general contractor on a commercial building project. One of his subcontractors was injured on the job and rendered a quadriplegic. When the injured worker sued the contractor for his injuries, the contractor sought coverage from its insurer. Coverage was denied due to a subcontractor exclusion in the insurance contract, and an $18,000,000 judgment was entered against the contractor.

Then, the contractor, seeking to recoup the $18,000,000 judgment against it, sued the intermediary brokerage company which procured the insurance policy at issue. Smith Freed Eberhard was retained to defend the brokerage company against the plaintiff’s claims of fraudulent misrepresentation and statutory negligence.

The Strategy

Smith Freed Eberhard looked carefully at the claims and determined the applicable statutes of limitation. Realizing that, among other things, plaintiff’s claims were barred by the applicable statute of limitations, the defense filed a motion to dismiss against plaintiff.

The Outcome

Ultimately, the court agreed that the clock had run on plaintiff’s claims. Smith Freed Eberhard won a victory for its client in the form of a total dismissal of an $18,000,000 claim.