The Monson Law Firm attorneys Rachel Flarity and Joshua Dierker won a Motion for Summary Judgment in the case of “Charles Nelson, et al v. Americas Insurance Company” in the United States District Court for the Middle District of Louisiana. In this case, plaintiffs’ property flooded and before plaintiffs made any major repairs, the property burned down. In the claims process, Americas Insurance Company tendered the policy limits less the recovery plaintiffs received from their flood insurer. In their lawsuit, plaintiffs demanded recovery of the entire amount of the homeowner’s property limits from Americas Insurance Company under Louisiana’s Valued Policy Law (“VPL”). The Monson Law Firm successfully argued that because plaintiffs’ property was damaged due to flooding, a non-covered peril, there was no “total loss” under the VPL. In a 29 page decision, the Court held that plaintiffs could not recover the total amount of their homeowner’s policy limits. The Honorable John W. deGravelles granted the motion by signed judgment signed dismissing plaintiffs’ claims under the VPL. Please click here for a copy of that judgment.
Matthew Monson, Esq. recently addressed The Northshore Claims Association at their monthly meeting at Walk-On’s Sports Bistreaux on litigation and insurance coverage issues related to COVID-19. This was the first in-person meeting in the Louisiana claims industry since this terrible virus affected us all.
#insurance #insurancelaw #insuranceclaims #insurancenews #litigation #insurancelitigation #insuranceclaim #covid19legalupdate #claims
Matthew Monson, Esq. of The Monson Law Firm, LLC was recently the subject of an article by The Texas Surplus Lines reporter on the topic of fraud fighting insurance policy provisions. Many thanks to both Andrew DeGraw and Shirley Bowler for your time and effort in covering this speech!
#insurance #insuranceclaims #insurancelaw #insurancelitigation #insurancenews #insurancefraud #insuranceclaim
Attorney Ronald Hornback of The Monson Law Firm recently delivered a victorious coverage Motion for Summary Judgment in the case of “Reginald & Christie Finch v. United Property and Casualty Insurance Company”. In this case, plaintiff sought over $200,000 in damages against United Property and Casualty Insurance Company (“UPC”) in Harris County, Texas for defense and indemnity costs expended to settle a damages lawsuit in Missouri. The underlying Missouri suit was related to a controlled burn on farmland that burned several acres of neighboring trees. In granting UPC’s Motion for Summary Judgment, the court accepted The Monson Law Firm’s arguments that there was no coverage under the Business Exclusion and Farming and Agricultural Activities Exclusion in the UPC policy. The court held that UPC did not owe coverage under its homeowner’s policy for an out of state farm being run as a business.
Please click here for a copy of the judgment. Monson – Finch MSJ Order
Citizens Property Insurance Corporation sued Scot Strems, Strems Law Firm, Contender Claims Consultants, Guillermo Savvedra, All Insurance Restoration Services (AIRS), Cesar Guerrero and Derek Parsons in the Second Judicial District Court for Leon County Florida. This 26 page Complaint alleges a fraudulent scheme by defendants via artificially inflated and sham claims – resulting in millions of dollars in actual losses to Citizens. Specifically, Citizens alleges:
Improper Solicitation and Referral of Business;
Obstruction of Investigation;
Submission of Inflated or Fraudulent Claims;
Violation of Civil RICO Statutes; and
#Insurance #insuranceclaims #insurancefraud #RICO #SIU
Please click here for a copy of the Complaint. Citizens v Strems
Today, the Florida Supreme Court granted the Florida Bar’s request for an Emergency Suspension against Scot Strems. We have attached a copy of the Court’s order for your review. In summary, Strems:
1. Can accept no new clients;
2. Must cease representing current clients within 30 days;
3. Must forward a copy of the order to all clients, opposing counsel and courts;
4. Must stop disbursing or withdrawing money from his firm’s trust account(s);
5. Must notify all banks in which he has an account related to his law practice; and
6. Must respond to the Florida Bar’s subpoena
Please click here for a copy of the Florida Supreme Court’s Order Strems Suspension
The Monson Law Firm recently delivered a victorious coverage Motion for Summary Judgment in the case of “J. Calderera & Company, Inc. v. Triumph Construction, L.L.C. and Atain Specialty Insurance Company”. In this case, plaintiff sought $435,000 in damages against Triumph Construction when Triumph allegedly did not show as scheduled to pour concrete for a construction project at a local high school. In granting Atain Specialty Insurance Company’s Motion for Summary Judgment, the court accepted The Monson Law Firm’s arguments that there was no “occurrence” under the policy and that there was no coverage under the policy for plaintiff’s claims for breach of contract. The court also considered the “Damage to Your Work” and “Damage to Impaired Property” exclusions, and held that Atain did not owe coverage to Triumph or payment to Calderera for these sums. Many thanks to Emmanuel Manuelidis, Jeff Ditmar and Atain Insurance Companies for this assignment and opportunity!
Please click here for a copy of the judgment. The Monson Law Firm MSJ Victory – Calderara
The Florida Bar Association on Friday filed a Petition for Emergency Suspension against Scot Strems of Strems Law Firm requesting the “immediate attention of the Supreme Court” of Florida. The Florida Bar accuses Scot Strems of a “vast campaign of unprofessional, unethical, and fraudulent conduct that now infects courts and communities across the state.” The Florida Bar alleges that “immediate action must be taken for the protection of respondent’s clients and the public.”
Please click here for a copy of the Petition for Emergency Suspension. Scot Strems- Petition For Emergency Suspension
Despite the center of Christobal passing right over our Louisiana office, The Monson Law Firm is open for business today! Thanks to all who have reached out to us! Our firm umbrellas have served us well. 🙂
Attorney Ronald Hornback of The Monson Law Firm recently won a Motion for Summary Judgment for Homeowners of America Insurance Company in Harris County, Texas against The Dick Law firm in the case entitled “Christopher Stanzel v. Homeowners of America Insurance Company”. In this case, plaintiff had removed a large portion of the water from his swimming pool six days prior to a rainstorm. During the heavy rains, the swimming pool “floated”. The court agreed with The Monson Law Firm that the Water Damage Exclusion applied, precluding coverage for the damage to the swimming pool. Please click here for a copy of the Judgment.
As our Louisiana office reopens today, we found this small piece of rock art outside of our building. Thanks to everyone keeping us safe and those who are working to rebuild our economy.
Attorney Ronald Hornback of The Monson Law Firm recently won a Motion for Summary Judgment for Lighthouse Property Insurance Corporation in Harris County, Texas against The Buzbee Law firm in the case entitled “Lighthouse Property Insurance Corporation v. Clara Saldana”. In this case, The Buzbee Law Firm originally submitted an estimate of property damage in the amount of $100,640.24 written by Henry Sienema, who the insured then attempted to use as her appraiser. The Monson Law Firm was successful in having the court remove Henry Sienema of Case Strategies Group as the appraiser as he was not impartial. Ultimately, the court affirmed the appraisal award, which was less than the insured’s deductible, saving Lighthouse over $100,000. Please click here for a copy of the Judgment.
This is the second time The Monson Law Firm has removed Henry Sienema as an appraiser by judgment. https://monsonfirm.com/the-monson-law-firm-disqualifies-appraiser/ Please click here for a copy of the order disqualifying Henry Sienema.
Matthew Monson, Esq. and Christopher Landry of The Monson Law Firm, LLC enjoyed spending time with Louisiana Insurance Commissioner Jim Donelon at the 2020 Louisiana Department of Insurance Conference in Baton Rouge.
#insurance #commissioner #conference #healthcare #insurancelaw #insuranceclaims #Louisiana #batonrouge #claims
Matthew Monson, Esq. of The Monson Law Firm, LLC presented his speech entitled “Sworn Statements in Proof of Loss, Examinations Under Oath and Appraisal – Fraud Fighting Policy Provisions” at the 2020 Louisiana Department of Insurance Conference in Baton Rouge, Louisiana. Many thanks to Commissioner Donelon and his staff for a great event!
#insurance #louisiana #insuranceindustry #insuranceclaims #appraisal #fraud
All three of The Monson Law Firm’s offices had a great time in New Orleans for our Christmas celebration! We all have so much to be thankful for.
The Monson Law Firm recently delivered a victorious coverage Motion for Summary Judgment in the case of “Atain Specialty Insurance Company vs. Siegen 7 Developments, LLC, et al”. This declaratory judgment action came after an arbitration award against Siegen 7 Developments, LLC (Siegen) by Andrea Warren related to the construction of a residence. In the arbitration, Warren was awarded $110,052.07 in damages to the residence and $17,975.00 for back yard improvements. In granting Atain Specialty Insurance Company’s (Atain) Motion for Summary Judgment, the court accepted The Monson Law Firm’s arguments that the “Damage to Your Product” and “Damage to Impaired Property” exclusions were applicable, and that Atain did not owe coverage to Siegen or payment to Warren for these sums. Many thanks to Emmanuel Manuelidis, Jeff Ditmar and Atain Insurance Companies for this assignment and opportunity!
Please click here for a copy of the judgment.
Happy Thanksgiving from The Monson Law Firm!
We are truly thankful for and blessed with our relationships with each and every one of you. Wishing you a happy and safe Thanksgiving!
The Monson Law Firm attorney Josh Dierker recently won a Motion for Summary Judgment in the case of “Vanessa Humphrey v. Higbee Lancoms, L.P. et al” in the United States District Court for the Eastern District of Louisiana. Plaintiff alleged that she slipped and fell on a wet concrete handicap ramp outside Dillard’s department store in Gretna, Louisiana. Dillard’s filed a Third Party Complaint against R. Siebert Construction (“Siebert”), who painted the ramp at issue, for contribution and indemnity. In our Motion for Summary Judgment, The Monson Law Firm successfully argued that Siebert did not owe either contribution or indemnity to Dillard’s under Louisiana law. The Honorable Susie Morgan granted the motion by judgment signed on October 31, 2019, dismissing Dillard’s claims, with prejudice. Please click here for a copy of that judgment. Many thanks to Emmanuel Manuelidis and Atain Insurance Companies for this assignment and opportunity!