Attorney Benjamin Jay Mayerson's Legal Cases

Insurance

Berg v. Nationwide Mutual Ins. Co. (2014)

Jun 23, 2014

OUTCOME: $21 million verdict

Insurance bad faith case over a $25,000 collision claim where Nationwide was found liable for fraud under PA's consumer protection law (UTPCPL). After review by the PA Supreme Court and Superior Court ... the trial judge entered a punitive damage award of $18 million to punish and deter Nationwide for concealing evidence and placing its insured at risk to suffer serious physical harm or death. The court awarded an additional $3 million in attorney fees, which was the same amount Nationwide had paid its attorneys to defend its bad faith conduct. In a split decision, the PA Supreme Court affirmed a JNOV entered in the Superior Court.

Insurance

Berg v. Nationwide, 2012 PA Super 88 (2012)

Apr 17, 2012

OUTCOME: Superior Court Reversed and Remanded for New Trial

Superior Court, on remand from Supreme Court, reversed Berks County Trial Court on all four issues we raised on appeal. The appeals court ruled that violations of Pennsylvania's Appraisers Act, and v ... iolations of Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL), are admissible evidence of Insurance Bad Faith. The Court also ruled that the amount the insurer paid to defend the case, $922,000, was admissible evidence of insurer bad faith as it was relevant to the dipsuted issue of whether the insurer implemented a litigation strategy to price us out of the litigation by artificially inflating the cost of the litigation, which stemmed from a failed $20,000 collision claim. Finally, the appeals court determined that the trial court abused its discretion in denying our motion to have the court inspect evidence that the insurer was concealing/redacting under what appeared to be a false claim that the evidencde was protected by the attorney-client privilege.

Insurance

Berg v. Nationwide, 607 Pa. 341, 6 A.3d 1002 (2010)

Oct 22, 2010

OUTCOME: Supreme Court reversed, and remanded to Superior Court.

Insurance bad faith case over a failed collision claim where the insurer paid its attorneys over $1 million to defend its fraudulent and/or deceitful handling of its own insured's collision claim. Aft ... er a jury found the insurer liable for fraud under the UTPCPL, the trial judge entered judgment in favor of the insurer on the issue of insurance bad faith. Pursuant to Rule 1925(b) of Appellate Procedure, a Concise Statement of Errors was timely filed with the trial court, identifying four issues to be raised on appeal. The judge filed an opinion recommending that the appeal be dismissed for failing to properly "serve" him with a copy of the Statement of Errors. I filed a Petition to Enlarge the Record to reflect the fact that I personally filed the Statement of Errors, and requested the location of the judge so that I could also personally serve him a copy of the Statement of Errors, and to reflect the fact that the trial judge received the original document within 15 minutes of it having been filed. The judge filed a second statement, again asserting that the appeal had been waived because he was not "served," and it was not sufficient that he received the original document from the court prothonotary. The Superior Court dismissed the appeal for failing to serve the judge with the Concise Statement of Errors. A petition for appeal to the Supreme Court was granted, and the Supreme Court ultimately reversed and remanded the matter back to the Superior Court to address the issues of merit raised on apeal.

Car accident

Kearny v. McCann

Jan 01, 2008

OUTCOME: $1,125,000 Settlement

My client, Kelly K., was involved in a head on collision, sustaining multiple fractures to her arms, legs, and pelvis. Her recovery was long and painful, and she was left with substantial residual scar ... ring to both legs and a permanent limp. At the time of the accident she was already permanently disabled. Thus, her damages were largely non economic, i.e. pain and suffering.

Car accident

Kenny v. Insurance Carrier

Jan 01, 2007

OUTCOME: $970,000 Settlement

Peter Kenny was 19 years old when he sustained an injury to his hip in a motor vehicle collision. Peter's doctors diagnosed a progressive hip injury (labral tear) that could be treated conservatively t ... hrough surgery but that Peter would eventually require a total hip replacement by the time he reached the age of 40. After settling the liability claim with the defendant driver for the $20,000 limits of that driver's liability coverage, an underinsured motorist claim (UIM) was submitted to the insurer of Peter Kenny's family. The insurer resisted the claim for many months and eventually offered only $10,000 to settle it. That offer was rejected, and after years of litigation, the insurer ultimately paid $570,000.00 to settle the UIM claim. I filed a lawsuit against the insurer, detailing the insurer's bad conduct. The suit was filed June 1, 2006. It settled in less than 6 months for an additional $400,000.00. Attached below is the Civil Action Complaint detailing the insurer's bad conduct, together with the written settlement negotiations that culminated in the $400,000.00 settlement. I offer this to potential clients as an example of my work. The identity of involved parties have been removed pursuant to a confidentiality agreement imposed by the insurer.

Car accident

Tornetta v. Insurance Carrier

Jan 01, 2005

OUTCOME: Verdict $1,025,000

In this case, our clients were hit head on in the west bound lane of Route 422, by a women driving eastbound, in the westbound lane. Our client, husband and father of four, sustained significant injuri ... es requiring a fusion of his cervical spine, and a significant post concussive syndrome. The case is noteworthy because the insurer paid well over $660,000 of underinsured motorist benefits, even though the policy provided only $60,000 of benefits. The extra $600,000 was paid pursuant to a written agreement precluding any future lawsuit for insurance bad faith being filed against the insurance company for its handling of the underinsured motorist claim. The written agreement was reached just prior to the verdict being awarded. It was paid immediately after the verdict was secured.

Benjamin Jay Mayerson's Legal Cases (6)

Berg v. Nationwide Mutual Ins. Co. (2014)

Berg v. Nationwide, 2012 PA Super 88 (2012)

Berg v. Nationwide, 607 Pa. 341, 6 A.3d 1002 (2010)

Kearny v. McCann

Kenny v. Insurance Carrier

Tornetta v. Insurance Carrier