Nixon Obtains Summary Judgment

Carr Allison shareholder Faith Nixon of our Mobile (AL) office obtained a summary judgment for her client, an insurance carrier, in a direct-action lawsuit.  The Plaintiff asserted claims for breach of contract,  negligent misrepresentation, negligent procurement and fraud after he was only allowed to stack three underinsured motorist coverages on a multi-vehicle policy with 5 vehicles.  The Plaintiff claimed he was led to believe he would be able to stack all 5 coverages under the policy.  Mrs. Nixon filed a motion for summary judgment arguing that the law was clear that a person can only stack three coverages and that delivery of the policy and declarations page to the insured was sufficient to put him on notice of his coverages, thereby negating any claim for breach of contract, negligent misrepresentation, fraud or negligent procurement.  The Court agreed with Mrs. Nixon, adopting her proposed order, and granted summary judgment in favor of her client on all claims.

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Miller and Muhonen Obtain Dismissal

Chancey Miller and Stephen Muhonen of our Chattanooga (TN) office succeeded in obtaining the dismissal of a significant security case for a retail client. In a case where a convenience store employee was assaulted while confronting a shoplifter, allegations were that the retailer failed to provide proper security which was an […]

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Sausaman Prevails on a Motion for Summary Judgment

Alison H. Sausaman of our Jacksonville (FL) office prevailed on a motion for summary judgment in federal court on behalf of a national convenience store chain. The court agreed that rain on an asphalt parking lot was not a dangerous condition and granted final judgment in our client’s favor.

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Baggett and Ingram Prevail on a Motion for Judgment

Evan Baggett and Josh Ingram of our Birmingham (AL) office recently prevailed on a motion for judgment on the pleadings in a complex tort case. After extensive briefing and oral arguments, the court granted their motion and dismissed all the plaintiff’s claims with prejudice.

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