$1 Million Insurance Bad Faith Settlement Obtained For Local Small Business

Fitzsimmons Law Firm recently obtained a $1 Million insurance bad faith settlement against an insurance company when the insurance company wrongfully denied coverage to a local small business. In the underlying case, a local real estate sales company requested insurance coverage and a defense when one of its agents was subpoenaed for a deposition in a separate claim involving failure to disclose foundation defects in a house previous listed and sold by the real estate company. Following the agent's deposition, the real estate company was joined into the case as a third party defendant. The insured real estate company then filed a direct claim against its insurance company alleging that it had failed to provide coverage and a defense. The insurance company alleged that the insured real estate company failed to provide proper notice of the claim to the insurer thereby disqualifying the real estate company from coverage. The real estate broker provided an affidavit that the plaintiff's attorney in the original claim never intended to file suit against the real estate company and, therefore, there was no reason to provide notice to the insurance company. Multiple depositions and discovery occurred resulting in the insurance company paying a $1 Million insurance bad faith settlement to the real estate company and fully indemnifying the real estate company in the underlying suit including reimbursement of all attorney fees and costs.

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