Insurer Allegedly Tried to Leverage COVID-19 Court Closures, But This Lawyer Had Trump Card
Glastonbury-based plaintiffs attorney Andrew Garza helped secure a $100,000 settlement for a client who suffered a torn rotator cuff following a Norwich car accident two years ago.
April 30, 2020 at 01:57 PM
4 minute read
An insurance company allegedly told plaintiffs counsel Andrew Garza that he would be wise to settle a car-crash claim for $50,000, because the courts were closed due to the COVID-19 pandemic, and the case might not be heard for years.
But Garza said he decided to play hardball.
If litigants would invoke the pandemic, then he would mention his client's wife—a nurse, working on the front line of efforts to combat the coronavirus.
"They did try to leverage the COVID-19 court closures and they said essentially, 'Who knows when the courts will be opened?'" he said. "They tried to use that as a strategy. They were stalling."
Garza, co-owner of Glastonbury-based Connecticut Trial Firm, alleged insurer ProSight Specialty Insurance "knows that lawyers today feel financial pressures to take settlements because of COVID-19 and the court closures."
"They tried to use that to their advantage," he said.
Edwin Cotton, claims director for ProSight Specialty, handled the case. He did not respond to a request for comment Thursday.
Garza's client never filed suit, but his complaint would have targeted ProSight's client, Norwich Taxi LLC, which employed the other driver involved in the crash. No one at the taxi company responded to a request for comment.
|Policy limit
Garza's client, Ryan Geist, suffered a rotator cuff tear and needed surgery following the rear-end collision with driver Joseph DiFrancesca in Norwich in June 2018.
Garza thought the case was worth at least the $100,000 limit on the car DiFrancesca drove.
Garza said he also had an ace in the hole: Geist's nurse practitioner wife.
"I told them they'd have to explain to a jury down the road why you did not pay the $100,000 to this man while his wife was out there supporting the community and fighting COVID-19," Garza said Thursday."What would a jury say about that?"
Garza said the carrier agreed to pay soon before he was to file a lawsuit because "they knew we were right. Our medical evidence was clear and his injuries were significant."
"We told them they had a week to pay the $100,000 policy or we were going to file a lawsuit," Garza said.
Garza said the case was settled April 7 and the money was disbursed to the 29-year-old Geist, a Coventry resident, on April 16.
Garza said DiFrancesca was inattentive when he rear-ended his client's Mazda Miata. The impact of the accident, Garza said, led to a traumatic rotator cuff tear to his client's right shoulder, for which surgery was performed.
Police gave DiFrancesca an infraction for following too closely.
Two years after the accident, Garza said, Geist "has some pain in his shoulder, but he is doing his best to get back to life without restrictions."
Jonathan Soto of Boston, Massachusetts-based Soto Law was co-counsel for the plaintiff's on the case.
Since no lawsuit was filed and the case was settled presuit, it's not clear what the defense's counterarguments would have been.
Related stories:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllManaging Partner Vindicated in Disciplinary Proceeding Brought by Former Associate
5 minute readConnecticut Movers: Year-End Promotions, Hires and an Office Opening
5 minute readGC Pleads Guilty to Embezzling $7.4 Million From 3 Banks
Trending Stories
- 1Tuesday Newspaper
- 2Judicial Ethics Opinion 24-85
- 3Decision of the Day: Administrative Court Finds Prevailing Wage Law Applies to Workers Who Cleaned NYC Subways During Pandemic
- 4Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 5Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250