Jason W. Hammer, Samuel H. Sabulis, and Jefferson M. Starr succeed in multiple litigation matters.
Jeff Starr and Sam Sabulis obtained summary judgment in Jackson County Superior Court on behalf of an insured HVAC company in a declaratory action as to an insurer’s duty to defend and indemnify the insured against claims arising out of an admitted liability motor vehicle accident resulting in surgical injuries to the underlying plaintiff. The insurer sought to deny coverage under a $1 million commercial auto policy, alleging the insured’s driver was not within the course and scope of his employment at the time of the underlying accident, but the court found that coverage applied as a matter of law. An appeal was withdrawn after the insurer settled the underlying tort action within the insured’s policy limits.
In another matter, Jeff Starr negotiated a favorable settlement for less than 12% of an amount sought from a hospitality client sued for breach of a marketing contract. The plaintiff marketing firm sought to enforce an agreed upon liquidated damages clause following Mr. Starr’s client’s early termination of a written contract. Mr. Starr quickly developed defenses and counterclaims to secure a favorable settlement prior to the responsive pleading deadline resulting in a settlement for less than 12 cents on the dollar and potentially saving his client thousands in litigation costs and expenses.
Finally, Jeff Starr and Jason Hammer obtained summary judgment for an insurer in the State Court of Fulton County. The case arose out of an October 12, 2016 motor vehicle accident. The Plaintiff incurred in excess of $52,000 in past medical expenses and alleged the Defendant was underinsured. Mr. Starr and Mr. Hammer represented the Plaintiff’s putative underinsured motorist carrier, arguing the Plaintiff breached the notice provisions of the policy by failing to timely notify the insurer of the underlying motor vehicle accident. Plaintiff argued that the insurance policy at issue used ambiguous language when stating the notice requirement, that Plaintiff’s delay in notice was reasonable given ongoing medical treatment, and the insurer was not prejudiced by the delay. Mr. Starr and Mr. Hammer argued the insurance policy language was unambiguous, Plaintiff’s delay in providing notice was inexcusable, and that prejudice to the insurer is of no consequence when the insurance contract strictly outlines conditions for coverage. The Court agreed, granting the insurer’s Motion for Summary Judgment in full, thereby eliminating any liability or exposure to the insurer.
Jason W. Hammer is a partner with the law firm of Lueder, Larkin & Hunter, LLC in Atlanta, Georgia, where he practices primarily in general liability litigation, including everything from basic car wrecks to complex wrongful death cases. Jason can be reached at jhammer@luederlaw.com.
Samuel H. Sabulis is a partner in the Buckhead office of Lueder, Larkin & Hunter where his practice focuses on insurance coverage and bad faith disputes involving first- and third-party auto, property and liability policies; homeowners, landlords and renters policies; commercial general liability policies; customized business liability policies, and excess and umbrella policies. Sam can be reached at ssabulis@luederlaw.com.
Jefferson M. Starr is a partner in the Buckhead office of Lueder, Larkin & Hunter where his practice focuses on general liability defense, commercial litigation, and business representation. Jeff can be reached at jstarr@luederlaw.com.