Gray•Duffy Obtains Two Dismissals of Litigation for Insurance Brokerage Firm

August 2012

Overview

Ron Mandel of Gray•Duffy’s Encino office achieved a prompt dismissal of the firm’s insurance brokerage firm client in a lawsuit alleging damages of $50,000.

Discussion

Nasrin Taymoori v. NCMIC Insurance Company, et al. This was an unusual case in which the firm’s client, Stanley McDonald Agency of Illinois, Inc., was initially sued in California in 2008 by Nasrin Taymoori, a chiropractor who made an unsuccessful claim to Prudential Insurance Company for disability coverage benefits. In 2008, Ron Mandel of Gray•Duffy successfully convinced the plaintiff’s attorney to dismiss Stanley McDonald Agency of Illinois, Inc. for a waiver of costs based upon the reasoning that the Agency was not involved in any of the insurance-related disputes, but was merely involved in the marketing process for a group policy of disability insurance through a national chiropractic organization. Thereafter, the plaintiff entered into a settlement with Prudential Insurance Company. Three years later, Mr. Taymoori along with a new set of attorneys again commenced litigation against the same parties as in 2008. The Stanley McDonald Agency of Illinois, Inc., Prudential Insurance Company and the NCMIC Insurance Company were sued for continued disability claims arising out of the same policy that was the subject of the 2008 litigation. The plaintiff’s attorneys claimed that there were different issues which were not resolved in the original case. Once again, Mr. Mandel convinced the new attorneys on the case that the Stanley McDonald Agency of Illinois, Inc. was not involved in any aspects of the purchase of insurance and any potential representations that may have been made by Prudential Insurance Company to the plaintiff. After further explanation and the submission of a Declaration by the client from the Stanley McDonald Agency of Illinois, Inc., the plaintiff’s attorneys agreed to dismiss the Stanley McDonald Agency of Illinois, Inc., for a waiver of costs. The case is still ongoing with Prudential Insurance Company removing the matter to federal court. Mr. Mandel obtained the dismissal without the necessity for filing any responsive pleadings, thereby providing the client with a cost-effective representation leading to the dismissal of litigation.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.