Attorney Andrew J. DeFusco's Legal Cases

Health insurance

John's Health Insurer Rescinds His Policy: Insurance Bad Faith

Aug 07, 2010

OUTCOME: Case settled.

John purchased a health insurance policy for he and his family. After timely paying premiums, John developed a heart condition. When his medical care providers submitted claims for payment, John’s h ... ealth insurance company conducted a coverage investigation and sent John a letter stating that John should have more fully disclosed certain conditions on his application for insurance, even though it had been accepting John’s premium payments since the policy was first issued. The health insurance company not only denied coverage, but it rescinded the policy that it issued to John and his family, leaving John, his wife, and his infant child without any insurance coverage whatsoever.

Wrongful death

Jeff's Motorcycle Collision: Wrongful Death

Oct 10, 2009

OUTCOME: Settled

Jeff, a nineteen-year old college student, was riding his motorcycle westbound on Highway 260 in Show Low, Arizona when a woman driving a large SUV pulled out from a private drive and collided with him ... . Tragically, Jeff died in the collision. Jeff’s mother retained DeFusco & Udelman, P.L.C. to represent her on a wrongful death lawsuit. DeFusco & Udelman’s accident reconstructionist completed a perception/reaction analysis and determined that the responsible motorist had more than ample time to see Jeff and avoid the collision. The resolution of the lawsuit allowed Jeff’s mother to better understand what happened to her son and offered some closure after his death.

Car accident

Robert's Case Against a Scottsdale Bar

May 25, 2008

OUTCOME: Case settled on confidential terms.

A man was drinking at a Scottsdale bar with his wife and two friends. The bar served the man and his companions approximately forty-six alcoholic drinks during their several-hour stay at the bar. As ... the man left the bar, the bartender handed him his keys, because the bar’s valet service had just closed. A witness reported that the man staggered out of the bar toward the parking lot. Just ten minutes later, the man caused a head-on collision with our client Robert, a real estate agent, who was driving his vehicle northbound on Scottsdale Road. Robert suffered a comminuted fracture to his left femur which did not heal correctly, even after three orthopedic surgeries. The drunk driver had a blood alcohol concentration of nearly three times the legal limit. The lawsuit ultimately settled on confidential terms. The litigation forced the bar to evaluate its practices regarding service of alcohol and to improve how it monitors its customers’ alcohol consumption. The drunk driver will never forget what he endured as a result of the lawsuit.

Life insurance

Stacy's Insurer Refuses to Pay Death Benefit: Bad Faith

Apr 16, 2008

OUTCOME: Case settled on confidential terms.

Stacy, a resident of Bullhead City, Arizona, and her husband Dan purchased a life insurance policy insuring Dan and naming Stacy as the policy’s beneficiary. Stacy and Dan wanted only that the policy ... provide enough funds to pay off their mortgage in the unlikely event that Dan died. Almost two years later, Stacy came home and discovered her husband unconscious in the bedroom. He had died several hours earlier. When Stacy submitted a claim for the policy’s death benefit, the life insurance company began an investigation, and determined that Stacy and Dan should have disclosed more on their application for insurance. The life insurance company denied payment of the death benefit.

Personal injury

Tom's Construction Accident

Aug 20, 2004

OUTCOME: Case settled.

Tom worked for a company measuring the thickness and density of fire retardant materials applied during construction of commercial buildings. Tom’s company was a subcontractor for the general contract ... or at a large construction site. One morning, Tom climbed a scaffold that had been improperly constructed by another subcontractor. The scaffold, which was not built to OSHA standards, collapsed, sending Tom falling to the ground. Tom crushed his wrist, requiring several surgeries. The general contractor knew of improperly assembled scaffolding on the job site but never warned Tom. Tom would never be able to return to any work requiring him to climb ladders or scaffolding, and returned to school at the age of forty to be retrained in another profession. Following extensive litigation, his case ultimately resolved. The case resolution helped give Tom the ability to make up his lost earnings and pay for the cost of learning a new vocation.

Personal injury

Gloria's Burn Injuries and Lawsuit Against Contractor and Gas Company

Apr 17, 2002

OUTCOME: Case settled on confidential terms.

Gloria, a woman in her early 70's, was enjoying the weekend in her son’s cabin in Alpine, Arizona. During her stay, the cabin suffered a liquid propane leak and exploded, severely burning her. Gloria ... remained in the hospital for several months with burn injuries over much of her body. Unknown to Gloria at the time, LP gas leaked out of an uncapped pipe the cabin’s contractor neglected to seal during construction. The LP gas company failed to red tag and disable the regulator to the LP tank, which had not yet undergone an NFPA leak check and pressure test and was not yet ready to be placed into operation. The case resolved on confidential terms.

Personal injury

Norma's Severe Ankle Fracture: Forklift Accident

N/A

OUTCOME: Case settled on confidential terms.

Norma, a produce inspector, was working inside a large commercial business when a forklift operator backed into her, severely fracturing her ankle and shoulder. Norma required several surgeries to tre ... at her injuries, and for several years had to use a cane to walk. The forklift operator and his employer never accepted responsibility for injuring Norma, necessitating the filing of a lawsuit against both the employer and employee.

Andrew J. DeFusco's Legal Cases (17)

John's Health Insurer Rescinds His Policy: Insurance Bad Faith

Jeff's Motorcycle Collision: Wrongful Death

Robert's Case Against a Scottsdale Bar

Stacy's Insurer Refuses to Pay Death Benefit: Bad Faith

Tom's Construction Accident

Gloria's Burn Injuries and Lawsuit Against Contractor and Gas Company

Norma's Severe Ankle Fracture: Forklift Accident