News Brief

Martin Successfully Defends Summary Judgment on Appeal: Insured's Late Notice Prejudiced Carrier's Right to Investigate Claim

May 18, 2016

Jennifer Martin (Partner-Dallas) successfully defended a summary judgment before the Fifth Circuit Court of Appeals in favor of a client insurance company. The insured hotel developer’s breach of contract and bad faith suit was based on the carrier’s denial of the insured’s multimillion-dollar commercial property claim, which had been reported late. At mediation and in subsequent negotiations, the plaintiff refused to consider anything less than seven figures. Martin obtained summary judgment on all counts from the trial court. The plaintiff appealed to the Fifth Circuit, and Martin and Murphy successfully argued that the summary judgment by the Northern District of Texas in favor of the insurer should be affirmed based on key admissions by the plaintiff’s expert.

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