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
