Firm’s
Appellate Team of Catenacci, Dyer, Lyons Obtain
Reversal of $5.5M Judgment Against IFA
Roseland, NJ, March 10, 2009
— Connell
Foley’s appellate team of
Richard D. Catenacci,
Glenn T. Dyer
and M. Trevor
Lyons recently obtained a reversal on appeal of
a $5,551,518.47 judgment entered by the trial court
against our client, IFA Insurance Company. The
plaintiff had alleged that IFA acted in bad faith by
failing to settle her personal injury claim against
its insured. Since there were multiple claims
against IFA’s $35,000.00 combined single limit
policy, IFA offered the entire policy limit to
settle all of the claims. When plaintiff refused to
accept anything less than the entire limit for
herself, IFA deposited the money into court. In its
February 19, 2009 decision, the Appellate Division
unanimously agreed that the plaintiff’s claim
against IFA lacked the necessary factual and legal
basis to establish bad faith. The Court not only
reversed the summary judgment entered by the trial
court, but remanded the case for entry of summary
judgment in IFA’s favor.
Mr. Catenacci is a
Partner and member of the firm’s
Business
Litigation,
Insurance Law,
Intellectual
Property,
Product Liability and Tort Law practice groups.
Mr. Dyer is a Partner
and member of the firm’s
Insurance Law,
Mass Tort and
Toxic Litigation,
Alternative
Dispute Resolution and
Professional
Liability practice groups.
Mr. Lyons is an
Associate and member of the firm’s
Labor and
Employment Law practice group.
For more information
regarding the case, please contact Mr. Catennacci at
rcatennacci@connellfoley.com, Mr. Dyer at
gdyer@connellfoley.com or Mr. Lyons at
mlyons@connellfoley.com.