Leahy, Eisenberg & Fraenkel, Ltd.

$1

Insurance Coverage Defense

Successfully defended an insurer in an eight-day jury trial in a first-party property loss case. Plaintiff-insured sought approximately $4.8 million in extra expense and additional business income loss, but the jury rejected the bulk of the claims, awarding $1.3 million. The insurer had previously paid $1.2 million in property limits and $500,000 in business income loss.

$1M

Insurance Coverage

Granted summary judgment in the United States District Court for the Eastern District of Michigan, resulting in the recovery of $1,000,000.00 in defense and indemnity payments for an insurer client. The court found a GL insurer liable for its pro rata share after breaching its duty to defend in a wrongful death case.

$922,945

Cargo Damage

Won summary judgment for an Insurer-Subrogee client, resulting in an award of $922,944.67 for mining equipment damaged in transit due to a railcar collision. LEF successfully argued that the railroads failed to effectively limit their liability under the Carmack Amendment.

Insurance Coverage Defense

Successfully obtained a dismissal, with prejudice, of a multi-million dollar lawsuit against a national insurance company. The insured sought additional funds for alleged breach of contract, vexatious delay, bad faith, and fraud after a partial roof collapse and appraisal award. LEF argued claims were invalid as payment was made per appraisal and bad faith only applies to third-party claims.

Property Damage Defense

Obtained a trial verdict for a house guest client, successfully defending against allegations of negligently causing a home fire by improper disposal of smoking materials. The homeowner's insurer contended the fire was caused by the guest's actions, but the jury found the insurer failed to prove the cause of the fire.

$4

Product Liability Defense

Successfully defended a treadmill manufacturer against a class action claim alleging misrepresentations of motor power ratings. Plaintiffs demanded $42M. After defeating nationwide class certification, a nationwide settlement was negotiated for a $3.65M Common Fund and a $100 gift card.