Norman Russell Hazlewood's Legal Cases (3)

Insurance

AV Homes, LLC v. AmGuard Insurance Co. – Apartment Fire Claim, Full Loss Recovered and Fee Award Affirmed

Aug 20, 2021

OUTCOME: $2.1 million recovered, including judgment, attorney fees, and interest; fee award affirmed on appeal

Represented the owner of a Wichita apartment complex after a fire destroyed a 20-unit building. The insurer signaled it would deny the claim based on an alleged misrepresentation in the insurance appli ... cation. We sued for breach of the replacement cost policy, took depositions of the insurer's corporate representatives, and obtained a judgment for $1,300,517.59. The district court then awarded attorney fees and costs under K.S.A. 40-256, and the Kansas Court of Appeals affirmed that award. AV Homes, LLC v. AmGuard Ins. Co., No. 122,280 (Kan. App. Aug. 20, 2021) (unpublished). Past results do not guarantee a similar outcome; every case depends on its own facts and law.

Insurance

Evergreen Recycle, L.L.C. v. Indiana Lumbermens Mutual Insurance Co. – Commercial Fire Claim, Jury Verdict Affirmed

May 01, 2015

OUTCOME: Jury verdict for client – $231,000 judgment; affirmed on appeal

Represented a wood recycling and mulch business after a fire in its stored mulch. The insurer denied the claim, citing late notice and other policy conditions, and later asserted defenses including mis ... representation, illegal acts, increased hazard, neglect, and failure to cooperate. Through a series of partial summary judgments, we defeated every defense except late notice and established that the policy provided $237,000 in coverage for the mulch, rejecting the insurer's request to reform the policy down to $117,000. After a 13-day jury trial on notice, the jury found for our client, and the court entered judgment of $231,000. The Kansas Court of Appeals affirmed in a published opinion, which also established that a party may not appeal the denial of summary judgment after a full trial on the merits; the issue must instead be preserved by a motion for judgment as a matter of law. Evergreen Recycle, L.L.C. v. Indiana Lumbermens Mut. Ins. Co., 51 Kan. App. 2d 459, 350 P.3d 1091 (2015). Past results do not guarantee a similar outcome; every case depends on its own facts and law.

Aviation

$4.6 Million Settlement for Aircraft Owner – Maintenance and Inspection Negligence

N/A

OUTCOME: Settled – $4.6 million

Represented an aircraft owner whose business jet could not be returned to service after it was damaged by a repair facility. Past results do not guarantee a similar outcome; every case depends on its ... own facts and law.

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