Wins and Successes: CraigAnninBaxter Law has achieved results for their clients consistently, including the following:
- 18 year old female driver rear-ended suffered two non-operated herniated discs in neck – jury verdict $212,000
- 37 year old female driver rear-ended at intersection suffered torn ACL in knee, surgically repaired disc in low back – jury verdict $500,000
- 45 year old female driver rear-ended at intersection in low speed collision suffered closed head injury and aggravation of fibromyalgia – settled $85,000; additional $80,000 UIM award at arbitration.
- 50 year old male motorcyclist forced to lay down cycle to down cycle to avoid impact with vehicle improperly entering lane suffered multiple leg fractures – settled $185,000
- 48 year old motorcycle passenger knocked from cycle in low speed accident by vehicle improperly entering lane suffered broken elbow repaired through surgery – settled $80,000
- 22 year old female driver not wearing seatbelt involved in head on collision in parking lot suffered scarring from laceration above hairline – settled $55,000
- 35 year old male driver involved in low speed rear-end accident with verbal threshold suffered bulging discs in lumbar spine – settled $50,000
- 87 year old pedestrian on blood thinning medication backed over by neighbor suffering a fractured collar bone and deep lower extremity hematomas requiring extensive debridement. Internal bleeding was life-threatening and caused traumatic kidney failure. Client forced to undergo critical care hospitalization, months of rehabilitation, and suffered extensive scarring. $245,000 settlement of $250,000 policy limits before suit filed.
Automobile Accidents Involving Minors
- 15 year old female passenger involved in drag-racing collision suffered multiple fractures and ruptured spleen requiring surgery – settled with both drivers for $400,000
- 15 year old female pedestrian crossing highway outside of controlled intersection struck by vehicle suffered multiple fractures – settled after arbitration $263,000
- 50 year old female fell on ice outside entrance to retail store suffered broken ankle requiring surgery – settled $175,000
- 53 year old female fell on broken curb at local mall while carrying infant granddaughter suffered fractured elbow – settled after arbitration $147,500
- 40 year old female fell on defective drain in walkway at big box chain store suffered bulging discs in lumbar spine – settled $37,750
- 44 year old female fell on sidewalk at office complex – settled after arbitration $99,750
- 70 year old male tripped on empty pallet at chain hardware store suffered neck sprain and laceration to head – settled $20,000
Premises Liability – Minors
- Co-counsel for 7 year old girl suffering operated fracture skull in snow-tubing accident in Pennsylvania ski resort – settled at mediation for $250,000
- 10 year old boy tripped on checkout line lane roping suffered fractured forearm requiring surgical repair – settled $23,500
- 3 year old boy suffered second degree burns from scalding water at vacation rental home at shore – $10,000
- 62 year old woman struck in head by glass door refrigerator case in supermarket suffered operated herniated disc in neck and possible closed head injury – settled $100,000
- 50 year old male independent contractor accidentally exposed to toxic chemical at work site suffering severe skin irritation – settled $50,000
- 27 year old male teacher blind side sucker punched in pickup basketball game suffered broken jaw – settled $88,000
- 18 year old male beaten up in fight outside house party suffered fractured facial bones – settled $45,000
- Bad Faith action against PIP carrier who improperly stopped treatment and called insured a “drug addict” – settled $300,000
- Tortious interference action by industrial distributor versus former salesman and competitor business – jury verdict $235,000; settled after appeal for $55,000
- Action by pharmaceutical distributor versus venture capital banking firm for Consumer Fraud and Breach of Contract – arbitration award $125,000
- Consumer Fraud Action by purchaser of sailboat versus boat manufacturer and boat seller for improperly placed mast – settled $35,000
- Age discrimination suit by terminated male account executive versus multi-national pharmaceutical company – settled $175,000
- Gender discrimination lawsuit by female pharmaceutical sales representative based on alleged discriminatory promotions – settled $175,000
- Racial discrimination suit by terminated female African American sales representative versus mobile telephone company – settled $23,500
- Whistleblower claim by office assistant in podiatry practice – settled $10,00
ADDITIONAL CASE RESULTS:
- SUMMARY JUDGMENT MOTION DECLARING MARINE INSURANCE POLICY NULL AND VOID AT ITS INCEPTION AND AWARDING COSTS AND FEES TO THE CARRIER IN THE AMOUNT OF $119,922.02 GRANTED.
Tim Annin and John Grady represent Continental Casualty Company and its Marine Manager, Boat US in an insurance fraud matter in Monmouth County, New Jersey captioned Continental Casualty Company v Gary M. Hochschild, consolidated with Gary M. Hochschild v Boat Owners Association of the United States d/b/a Boat U.S. and Continental Casualty Company Docket No. MON-L-5910-09.Judge Joseph P. Quinn sitting in Monmouth County, in a series of opinions and Orders on March 26, 2013 and May 9, 2013, found that the policyholder made material factual misrepresentations in his application for insurance by misrepresenting the purchase price, damage history, claim history, and insurance coverage history when he applied for coverage on a 42’ Uniflite Double Cabin Yacht subsequently destroyed by fire while docked near the policyholder’s home. As a result of these material misrepresentations, Judge Quinn agreed that Continental Casualty was entitled to rescind the policy from its inception under the terms of the insurance contract, the doctrine of equitable fraud, and the admiralty doctrine of uberrimae fidei. Uberrimae fidei is a long established rule applicable to marine insurance which imposes a duty of utmost good faith and provides that the nondisclosure of facts material to the underwriting decision makes a marine insurance policy voidable by the insurer. The Third Circuit affirmed the doctrine of uberrimae fidei as federal admiralty law “well entrenched” within the Circuit’s precedent and thus applicable to and controlling maritime insurance contracts. AGF Marine Aviation & Transport v. Cassin, 544 F.3d 255,263 (3d. Cir. 2008) and has long held that “in the maritime context a boat owner must meet its duty of uberrimae fidei.” East Coast Tender Serv. Inc. v. Robert T. Winzinger, Inc., 759 F.2d 280, 284 n.3 (3d. Cir. 1985). In addition, Judge Quinn found that for the same reasons that rescission was appropriate the policyholder’s conduct violated New Jersey’s Insurance Fraud Prevention Act, N.J.S.A. 17:33A-1, and ordered the policyholder to pay compensatory damages to Continental Casualty in the amount of $119,992 for the expenses and attorneys’ fees incurred in investigating and litigating the claim.The policyholder is seeking appellate review.Tim Annin and John Grady are both certified by the New Jersey Supreme Court as civil trial attorneys and combined Mr. Annin’s marine litigation experience with Mr. Grady’s insurance fraud experience to bring about a successful result for our client.
- Successfully represented towing contractor in Appellate Division to obtain municipal towing contract.
- Defended and settled class action consumer fraud claim against large regional automobile dealership.
- Obtained visitation for grandparents’ 5-year-old child in case where mother of child had passed away.
- Obtained summary judgment for automobile dealership in civil rights claim brought by customer.
- Obtained dismissal of DWI charges against motorist based on violation of client’s constitutional right to a speedy trial.
- Represented a major health insurance carrier against a biological testing laboratory regarding allegations of unbundling, upcoding, misrepresenting charges, waiving patient’s shared financial responsibility, and paying kickbacks to referring physicians resulting in a confidential settlement without an admission of responsibility;
- Represented a major health insurance carrier against an ambulatory surgery center for recovery of insurance benefits paid in the context of allegations regarding ownership, licensing, waiver of patient’s share of financial responsibility, and billing issues resulting in a confidential settlement without an admission of liability;
- Represented a health insurance carrier against an electro-diagnostic monitoring company in the context of allegations of improper ownership, the unlicensed status of the supervising physician, and the qualifications of technicians resulting in a confidential settlement without an admission of liability;
- Represented a health insurance carrier before the Department of Banking and Insurance regarding an inquiry into alleged unfair claim practices resulting in no disciplinary action being taken against the carrier;
- Represented a major health insurance carrier defending against claims by a multi-physician cardiology and cardiovascular surgery practice regarding underpayment of claims and negotiation of the reimbursement terms going forward resulting in a confidential resolution of the dispute without an admission of responsibility.
- Successfully pursued dismissal of all claims against a joint insurance fund and their insurer in a federal court action regarding health insurance benefits for an air ambulance service.