Archive | April, 2018

The Monson Law Firm won a first in the nation decision dismissing the claims of an AOB Contractor in the United States District Court for the Eastern District of Louisiana.  In the case of Stacy Morgan and A-Plus Contractors, LLC vs. Americas Insurance Company, the Honorable Jane Triche Milazzo issued an order on March 22, 2018 granting The Monson Law Firm’s Motion to Dismiss.  The Monson Law Firm previously obtained a groundbreaking order requiring the AOB contractor to submit to an examination under oath (EUO).  Please click here for the earlier ruling.

Rather than answer detailed questions regarding the actual amounts spent on repairs versus his questionable estimate, Stacy Morgan refused to sit for the court-ordered EUO.  However, Morgan was not without the best excuses. “Plaintiff Morgan again failed to attend, this time because he was detained for attempting to bring a gun onto an airplane.”

The Court clearly understood the issues before her in stating “In light of Plaintiffs’ obstinacy, the Court finds that lesser sanctions would not be effective and that dismissal under Rule 41(b) is warranted. Furthermore, examination under oath and the production of documents supporting a claim are requirements of the policy under which Plaintiffs sue. Their failure to comply with the policy’s requirements is itself a basis for dismissal.”

Please click here to review the Court’s order.

In addition to this pioneering result, The Monson Law Firm also wrote and obtained approval for the first policy language in the nation directly permitting insurance carriers to protect their insureds by ending AOB in property policies.  For more information about this language, please click here.

#AOBAnnihilated  #Again #Don’tbringgunstoanairport #ObstinacyisBad

Nader “Anthony” Odeh, a licensed public adjuster and registered appraiser, was recently sued by attorney Joey LaHatte in Federal Court in New Orleans.  LaHatte alleges that he retained Odeh from 2014 to 2016 as a public adjuster and appraiser.  As part of a wide ranging suit under the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), LaHatte alleges that Odeh “committed insurance fraud across state lines by removing items . . .and thereafter submitting the removed item as an insurance loss.” LaHatte also alleges that Odeh “would . . .prepare fraudulent insurance loss documents.”

LaHatte refers to the accomplishments of The Monson Law Firm against Odeh in Paragraph 24(c) in which The Monson Law Firm obtained a restraining order against Odeh.  Click here for details.

LaHatte also refers in Paragraph 24(d) to the instance where Odeh attempted to record the oral argument of Matthew Monson in open court.

Please also click here to see how The Monson Law Firm has previously reduced Odeh’s claimed fees in court on three separate occasions.

To view a copy of the Lawsuit, please click here.

The Monson Law Firm enjoyed participating in the recent Louisiana Surplus Lines Association Annual Convention in New Orleans.  Speakers included Dwayne LeBlanc from Wright Flood and Louisiana Insurance Commissioner Jim Donelon.  Pictured here are Matthew Monson, Enya He, the South Central Regional Director for Lloyd’s, and Crystal DePascual, Senior Vice President at AmWins Group and the 2017-2018 LSLA President.