Kevin Hulslander and Karen Felter Obtain Affirmance of Breach of Contract Judgment at Second Circuit Court of Appeals Totaling Over $3.5 Million

Kevin Hulslander and Karen Felter were successful in obtaining an Order from the Second Circuit Court of Appeals on behalf of a major workers’ compensation insurer which affirmed a Decision by the Northern District of New York granting summary judgment for breach of contract and awarding over $3.5 million in damages for unpaid insurance premiums and prejudgment interest. The defendant, a large commercial trucking enterprise, threw up multiple roadblocks throughout the litigation with prolonged and dilatory discovery tactics, multiple changes of counsel, a failed attempt to amend pleadings and discovery responses after a dispositive motion had been filed and a last minute attempt to disclose an untimely expert. Smith Sovik’s aggressive approach and superior knowledge of substantive law and federal procedure prevailed. At the Second Circuit, the defendant attempted to argue that it had been denied needed discovery after extensive opportunities to conduct discovery were ignored. Smith Sovik’s comprehensive opposing brief dispelled all of the defendant’s frivolous claims. Five days after hearing oral argument from Kevin Hulslander, the Second Circuit affirmed the decision of the District Court. Our insurer client recouped its unpaid premiums as well as 9% interest for the entire period of the defendant’s breach.