The Monson Law Firm Obtains Voluntary Dismissal With No Payment

The Monson Law Firm attorney Lindsay Frenkel Lobello recently obtained a voluntary dismissal on behalf of Lloyd’s Underwriters in the case of “Danny Daniel, v. Certain Underwriters at Lloyd’s, London”, pending in the 11th Judicial Circuit in Miami-Dade County, Florida, Case No. 2018-3899.   In this case, Mr. Daniel filed suit seeking additional funds under a homeowner’s policy for damage to a bathroom allegedly caused by a sewer backup.  At the time of the inspection, the bathroom had already been demolished and was in the process of a complete renovation.
In response to the suit, The Monson Law Firm prepared a Motion to Dismiss and For Sanctions pursuant to Florida Statute §57.105, as Underwriters were clearly prejudiced in their ability to investigate the claimed loss.  Please click here for a copy of the Motion to Dismiss.
 
Upon receiving The Monson Law Firm motion, counsel for plaintiff filed a Notice of Voluntary Dismissal with the court within the 21 day safe harbor statutory deadline to avoid sanctions.  Please click here for a copy of the Notice of Dismissal.

Temporary Restraining Order Issued Against Nader “Anthony” Odeh Under Louisiana Protection from Stalking Act

On August 1, 2018, Erika Luening filed for and obtained a Temporary Restraining Order against Nader “Anthony” Odeh pursuant to La. R.S. 46:2171 et seq., otherwise known as the Louisiana Protection from Stalking Act. Luening operates a business at 4409 Zenith Street, directly next door to the office of Claims Consulting & Contracting at 4405 Zenith Street. Currently pending in the 24th Judicial District Court for the Parish of Jefferson, Case No. 786-208, Luening alleges that Odeh “said he had guns and would use them on us if anyone came near his parking lot”. According to Luening, the police “recommend a protection order for myself and children who come to work with me. They also recommended that we get police details because the situation is violent.” Please click here to see the Petition Odeh Stalking Petition and here to see the Temporary Restraining Order. Odeh Temporary Restraining Order

On September 19, 2016 The Monson Law Firm also obtained a restraining order against Odeh, preventing him from harassing Dale Velez or any of the employees of The Velez Corporation. Please click here to see the previous post! The Monson Law Firm Wins Restraining Order Against Nader Anthony Odeh.

RESTRAINING ORDER red Rubber Stamp over a white background.

The Monson Law Firm Excludes Nader “Anthony” Odeh as Witness

In the case of “Americas Insurance Company v. Billie J. Haynes, et al”, the Honorable Jay Zainey issued an order excluding both Nader “Anthony” Odeh and Maria Odeh as witnesses for the claimants. The Monson Law Firm requested the depositions of the Odehs, who were identified by claimants in discovery as their witnesses. The Monson Law Firm was informed by claimants’ attorney that “I am no longer in contact with Maria Odeh and/or Nader Anthony Odeh for various reasons. If you do schedule either of their depositions, the location will have to be either at your offices, at the Bar Association, or a neutral location. My firm is not travelling to Mr. Odeh’s office on Zenith Street due to safety concerns, so please subpoena their presence elsewhere.” Please see counsel’s correspondence here. Counsel Email

Service of deposition subpoenas was attempted by a private process server on October 18, October 23, October 30, December 1, December 4 (twice), and December 7, 2017. Despite these many attempts, service could not be obtained at the Odehs’ offices or their personal residence. On October 18, the process server observed Odeh at his office but Odeh did not answer the door.

After The Monson Law Firm filed a Motion to Exclude Witnesses due to the Odehs’ non-participation, Judge Zainey ordered “if Anthony Odeh and Maria Odeh have not submitted to a deposition they will not testify at trial under any circumstances.” Please see the Court’s Order here. Odeh Excluded

The Monson Law Firm Wins Summary Judgment in Slip and Fall Case

Attorney Sarah Barro recently won a Motion for Summary Judgment in the case of “Angel Ellis v. Vintage Square, Inc. d/b/a Arcade Theater, et al.” in the 22nd Judicial District Court for the Parish of St. Tammany. Plaintiff alleged that she tripped and fell down stairs at a wedding venue due to a loose bannister. In the Motion for Summary Judgment, The Monson Law Firm successfully argued that defendant lacked notice of the loose bannister prior to the accident. Plaintiff admitted that she used the subject stairs minutes prior to her fall and did not notice any issues with the bannister. The Honorable Alan Zaunbrecher granted the motion by judgment signed on July 11, 2018 and dismissed plaintiff’s claims, with prejudice. Please click here for a copy of that judgment. Ellis Judgment

The Monson Law Firm Wins Motion for Summary Judgment in Slip-and-Fall Case

Attorney Kevin Riché won a Motion for Summary Judgment in the case of “Edwina Waterhouse, et al. v. Jade, Inc. d/b/a Banks Meat Market and Atain Specialty Insurance Company” in the Civil District Court for the Parish of Orleans. Plaintiff alleged that she slipped and fell on a wet concrete surface outside the defendant’s business. In our Motion for Summary Judgment, The Monson Law Firm successfully argued that any water on the concrete surface was open and obvious to anyone exercising reasonable care. The Honorable Kern A. Reese granted the motion by judgment signed on July 17, 2018, dismissing plaintiff’s claims, with prejudice. Please click here for a copy of that judgment. Waterhouse Judgment

The Monson Law Firm Congratulates ICT Scholarship Recipients

The Monson Law Firm extends its hearty congratulations to the recipients of the Insurance Council of Texas scholarships. This year, over twenty students were awarded scholarships. Best wishes to Alida Bakouan from the University of Houston Downtown, who gave an inspiring speech that left many insurance professionals with misty eyes. Alida shared her journey from growing up homeless in west Africa to coming to America and obtaining the education necessary to grow as a person and better her life. We are glad she chose the insurance profession and know that she and her fellow students will be a welcome addition to the industry!

The Monson Law Firm attends Insurance Council of Texas Symposium

Matthew Monson of The Monson Law Firm will be in attendance meeting with clients and friends at the Insurance Council of Texas/AFACT 26th Annual Property & Casualty Insurance Symposium in Austin, Texas this week. We look forward to hearing from new Texas Insurance Commissioner, Kent Sullivan, as well as learning the latest on economic and global factors affecting the Texas insurance industry. Be sure to say hello!

Happy Independence Day from The Monson Law Firm!

It is rather for us, the living, we here be dedicated to the great task remaining before us that, from these honored dead we take increased devotion to that cause for which they here, gave the last full measure of devotion that we here highly resolve these dead shall not have died in vain; that the nation, shall have a new birth of freedom, and that government of the people, by the people, for the people, shall not perish from the earth. — Abraham Lincoln

The Louisiana Department of Insurance Issues Advisory Letter

The Louisiana Department of Insurance issued Advisory Letter 2018-01 regarding the interpretation of a named storm or hurricane deductible in Louisiana. Essentially, the named storm or hurricane deductible should only be applied once during a calendar year. If an insured incurs more than one named storm or hurricane loss, the insurer may only apply the balance of any unused separate deductible. Please click here for a copy of the letter.LDI Advisory Letter 2018-01

The Monson Law Firm wins Coverage Motion for Summary Judgment

The Monson Law Firm attorneys Sarah Barro and Blake Lusk recently teamed to deliver a victorious coverage Motion for Summary Judgment. In the case of “Dagoberto Antonio Avila vs. State Farm Mutual Automobile Insurance Company, et al”, plaintiff, a sushi delivery driver sued Atain Specialty Insurance Company and his employer, Tokyo Sushi, after he was rear-ended while making a delivery. Relying on the Aircraft, Auto or Watercraft exclusion in the Atain policy, the court agreed there was no coverage for plaintiff’s claims and granted summary judgment on behalf of Atain. Please click here for a copy of the judgment. Avila Judgment

The Monson Law Firm Attends IICF Women’s Conference

Look for The Monson Law Firm attorney Matthew Monson in Dallas tomorrow for the Insurance Industry Charitable Foundation’s Women in Insurance Series. Susan Monson, Matthew Monson’s mother, was an insurance executive and her love and support was instrumental in the formation of the firm. Did you know that more than half of the attorneys at our firm are women?
#GirlPower

The Monson Law Firm Welcomes Ron Hornback

The Monson Law Firm is please to announce that attorney Ron Hornback has joined our Houston office. From our Houston office, Ron focuses on first-party and third-party defense and handles defense of insurance coverage and bad faith litigation. Ron has jury trial and arbitration experience and has been recognized as a Rising Star for 2018 by Texas Super Lawyers.

Ron has also served our country in the U.S. Army as an officer and aeromedical evacuation pilot, saving over 200 lives while flying both fixed wing and rotary-wing aircraft.

Please join us in welcoming Ron to the firm!

The Monson Law Firm Defeats Motion to Vacate Appraisal Award

The Monson Law firm attorney Kevin Riche recently defeated plaintiff’s challenge to an appraisal award. In “Leticia Wells v. Southern Fidelity Insurance Company (SFIC)”, presently pending in United States District Court for the Eastern District of Louisiana. Plaintiff challenged the appraisal award, arguing (1) The outcome of the appraisal is not binding; (2) Southern Fidelity’s appraiser failed to assign actual cash value and loss to each item;(3) The appraisal award was not properly itemized in accordance with the policy; and (4) Southern Fidelity’s appraiser was not competent or disinterested. The Honorable Kurt Englehardt disagreed, finding that plaintiff’s arguments were “unconvincing” and granted SFIC’s Motion to Confirm the appraisal award. Please click here for a copy of the Order. Wells Decision

Plaintiff also previously sued both the appraiser and umpire in an apparent attempt to intimidate them. However, The Monson Law Firm coordinated an effort resulting in a voluntary dismissal of both parties.

The Monson Law Firm Attends National Flood Conference

The Monson Law Firm attorney Matthew Monson is attending the National Flood Conference this week in Washington, D.C. The National Flood Conference is the major annual gathering of all the partners in the National Flood Insurance Program and is intended to motivate and educate audiences about the importance of floodplain management and the benefits of flood insurance. We look forward to seeing our friends and clients!

The Monson Law Firm Speaks at Louisiana Claims Association

Please join The Monson Law Firm attorney Lauren Baudot tomorrow morning at the Louisiana Claims Association conference for her talk on Fraud Fighting Policy Provisions. As the premier claims association in Louisiana, the Louisiana Claims Association is dedicated to promoting the highest ethical and professional claims handling standards in the insurance industry through leadership in education, member/chapter coordination and support.

The Monson Law Firm is at FIFEC!

The Monson Law Firm is Exhibiting at the Florida Insurance Fraud Education Conference (FIFEC) this week. Come see us at Booth 8!

For the past 26 years, FIFEC has offered continuous annual training seminars for DIF and SIU investigators, law enforcement officers, prosecutors, insurance carrier adjusters and management, insurance defense attorneys and others in the ongoing fight to combat all forms of insurance fraud.

The Monson Law Firm Excludes Public Adjuster as Appraiser

The Monson Law Firm successfully excluded a public adjuster from serving as an appraiser.  In the case of “Americas Insurance Company v. Vance”, the insured presented an estimate from a public adjuster that clearly established a dispute as to the amount of the loss.  Based on this, both Americas and the insured agreed to go to appraisal.  On behalf of Americas, The Monson Law Firm objected to the original public adjuster acting as the insured’s appraiser based on La. R.S. 22:1706(H)(10), which specifically prohibits this behavior.  The insured argued that their public adjuster was merely an expert witness and not subject to the statute.  After oral argument from Lauren Baudot, in the first decision in Louisiana of its kind, the court agreed with Americas, disqualifying the public adjuster and ordering the insured to choose a new appraiser.  For a copy of the decision, please click here.

 

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