Fitzsimmons Law Firm obtained a Summary Judgment award on behalf of Charleston Area Medical Center (CAMC) against AIG Insurance subsidiary, National Union Fire Insurance Company of Pittsburgh, PA. 2011 WL 2161534. The Fitzsimmons Firm was retained by CAMC to pursue a coverage claim against AIG and National Union as a result AIG's wrongful denial of insurance coverage. In the underlying claim, two claims were made against CAMC alleging negligent acts by one of its male nurses. CAMC timely reported these claims to AIG and requested coverage; however, the insurance companies refused to provide coverage and to participate in the claims. The underlying claims were ultimately settled by CAMC and CAMC submitted claims with the insurance companies for reimbursement of the settlement amounts pursuant to the Employment Practices Liability (EPL) and Directors and Officers (D&O) coverages. AIG denied the insurance claims under both coverages.
As a result of the wrongful denial, Fitzsimmons Law Firm filed a lawsuit in the United States District Court for the Southern District of West Virginia on behalf of CAMC seeking coverage. Cross motions for summary judgment were filed. The Honorable Joseph R. Goodwin denied AIG's motion for summary judgment and granted CAMC's motion which resulted in a judgement finding coverage under the Director and Officers (D&O) provision and awarding CAMC damages, including damages for annoyance and inconvenience and attorney fees. The matter was ultimately appealed by AIG to the 4th Circuit Court of Appeals. The parties agreed to a settlement during the appeal process.
The winning summary judgment brief was written by Rocky Fitzsimmons.