The firm obtained a $4.5 million excess settlement for the family of a deceased victim. Faced with a wrongful death claim against one of its policy holders, the excess carrier, Farm Bureau Mutual Insurance Company refused to pay the claim or provide a legal defense. Mark C. Dow determined that the Farm Bureau excess policy provided coverage. Farm Bureau’s adjusters had made a “no coverage” determination. Our firm held Farm Bureau accountable to its policy and sought judicial enforcement of Farm Bureau’s duties to defend its insured, and pay the value of the claim.
After litigation, the New Mexico District Court agreed there was coverage and Farm Bureau should have defended its policy holder and paid the claim. The parties settled after the Court’s ruling.
BD&L represents local Doctor in a $2.3 million jury verdict (updated).
After a 4-day trial, a Bernalillo County jury awarded $2.3 million to local optometrist Dr. Willis Muncey, represented by Christopher Bauman in a suit against Eye Glass World (EGW), a national optical retailer. The $2.3 million jury award consisted of $300,000 in actual damages and $2 million in punitive damages. The trial testimony revealed that EGW surreptitiously copied Dr. Muncey’s patient records after normal business hours. EGW then filed a false complaint against Dr. Muncey with the New Mexico Board of Optometry in order to coverup its theft of the records by alleging that Dr. Muncey had abandoned his patient files.
EGW appealed the jury Verdict arguing among other things that the New Mexico state courts were preempted from deciding Dr. Muncey’s claims pursuant to the exclusive federal court jurisdiction of the Federal Copyright Act. The Court of Appeals rejected EGW’s appeal, upholding the Verdict in favor of Dr. Muncey. In November, 2012, the New Mexico Supreme Court dealt the final blow to EGW’s efforts to avoid the jury’s verdict by denying its petition for Writ of certiorari.
Mark Dow successfully settles lawsuit against American Physicians Assurance Corporation on behalf of Donald J. Ham, M.D.
In July of 2010, the Firm successfully settled a lawsuit it brought on behalf of Donald J. Ham, M.D., against American Physicians Assurance Corporation (“APA”) claiming APA acted in bad faith for failure to settle. The lawsuit argued that APA had intentionally failed to settle an underlying malpractice claim against Dr. Ham thus unnecessarily exposing him to an eventual $6 million dollar punitive damage jury verdict. The Settlement Agreement required that its terms be kept confidential.
Chris Bauman negotiates a favorable settlement for local plumbing and heating company.
On November 3, 2009, the Firm successfully negotiated a favorable settlement on behalf of Century Plumbing and Heating Co., which had sued its general liability carrier, Colorado Casualty Co., after Colorado Casualty failed to provide a defense in an arbitration proceeding where Century was accused of breach of contract and construction and design negligence. Century settled the underlying arbitration and brought suit against Colorado Casualty alleging bad faith insurance practices. The bad faith suit was settled at mediation within seven months of its filing. This is the second insurance bad faith lawsuit involving construction related claims settled by the Firm this year. In January, 2009, we negotiated a settlement of an insurance bad faith case against Century Mutual Insurance Company for $295,000 after Century Mutual’s insured, DNV Construction, was found liable in an arbitration for causing approximately $90,000 in damages related to a construction project.