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#QualityFraud

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Another consumer victory we championed in the appellate courts.

Insurance companies often claim that everything they do on a particular claim is privileged and secret because it is their “work product” prepared in anticipation of litigation. That is not always true and we successfully appealed the issue in Signorelli v. Fireman’s Fund.

In that case, Ms. Signorelli sustained an injury at work in a doctor’s office when she injured her arm on an open filing cabinet. The neurological injury in her arm was diagnosed as RSD (reflex sympathetic dystrophy) by her doctors. They recommended an emergency sympathectomy to keep the injury from traveling from one arm to the other. When the carrier refused to approve the surgery, delaying it and forcing Ms. Signorelli to travel in a plane for a review by their physician – her treaters became outraged.

When we began representing Ms. Signorelli, we deposed all of the adjusters and the records custodians for Firemans Fund over a period of days. It was clear that they were with-holding documents related to the injury and their delay of her surgery. The trial judge agreed with my position that certain documents in their file that had not been produced should be produced to my client. Even then, the Carrier refused to produce them.

On appeal, the Second District Court of Appeal ruled that the Carrier had improperly with-held some of the documents and ordered them to be produced to us.

You can find the Signorelli decision here on our website. Fireman’s Fund v. Signorelli

The production of these documents was devastating to Firemans Fund’s position and helped move the parties to a fair settlement.

Be aware of your rights as a consumer of insurance and other services. If wronged, make sure you retain the services of experienced and aggressive counsel with a proven track record of holding even the largest companies accountable for your full compensation. No matter how long the fight needs to last.

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The Charles decision from the Supreme Court is not our only important victory in appellate court for consumers. We have successfully pursued appeals in many and varied matters. You can find many of them on our website. In 2004, Florida’s Second District Court of Appeal ruled in our client’s favor in Owens v. Nationwide. You can click onto our website and find the decision here.

Owens v. Nationwide Insurance Company

Glenda Owens had been effectively cheated by her own insurance company when she was presented with a check she thought was for lost wages only. She was unable to find the tortfeasor driver on her own and was not aware that the at-fault driver had plenty of coverage to pay for her other injuries. Her carrier, Nationwide, knew about the at-fault driver’s insurance and used the release they obtained from her to sue that party for reimbursement of the nominal settlement they had made with her. This is known in the business as a subrogation claim. They pursued the subrogation claim in Georgia in her name without ever telling her about the suit or the at-fault driver’s insurance.

When Mrs. Owens hired us, we discovered what had happened and sued Nationwide and the at-fault party – who immediately raised her settlement with Nationwide as a bar to any additional recovery. Though the trial court accepted these arguments, the Second District Court of Appeal reversed that result and found that Nationwide had not treated Ms. Owens fairly by using their nominal settlement to secretly get subrogation in her name without ever notifying her.

We successfully sued both Nationwide and the at-fault party on her behalf, creating appellate law that is cited more often today than it was in the immediate years after her case was decided. Though I cannot prove why, I believe that the reason Owens is cited more often now  than when it was decided ten years ago is that insurance companies are even more aggressive in cheating their insureds than they ever have been. The Owens decision, therefore, made law that is more relevant to consumers now than ever.

Be aware of your rights as a consumer of insurance and other services. If wronged, make sure you retain the services of experienced and aggressive counsel with a proven track record of holding even the largest companies accountable for your full compensation. No matter how long the fight needs to last.

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