Berger Kahn issued the following announcement on Jan. 11.
Lead trial attorney Sherman Spitz and Dale Amato obtained a defense verdict in a federal court lawsuit seeking $1M in insurance policy benefits.
Following a suspicious business fire, the insured’s claim for $1 Million in policy benefits was denied principally because the insured lied about matters pertaining to the security system in place at the business premises including security cameras, monitors, a missing DVR and the fire alarm system. After a three-day trial, the court agreed and determined that the insured violated the concealment/fraud provisions of the insurance policy by making multiple intentional material misrepresentations of material fact to the insurance carrier during its investigation of the fire loss, thereby vitiating coverage. Spitz and Amato successfully repelled a motion to introduce post-trial evidence and a motion for new trial. An appeal has been filed. The trial was presided over by Judge George Wu in the US District Court Central District.
Original source can be found here.