Wanemaker Wins Dismissal of SUM Complaint in Erie County

Before depositions, Jaclyn Wanemaker moved for summary judgment dismissal of a Complaint seeking SUM coverage and alleging bad faith in its entirety.  In addition to bad faith and breach of contract, the Complaint alleged the carrier committed fraud, knowingly misrepresented the benefits of the SUM policy, engaged in deceptive acts, false advertising and unfair claims practices, and failed to promptly and fairly adjudicate claims, in violation of General Business Law §§ 349 and 350, Insurance Law § 2601 and Part 216 of the Insurance Regulations.  Plaintiff’s counsel voluntarily withdrew those claims before oral argument, leaving only the claims for bad faith and breach of contract.  Wanemaker used Plaintiff’s discovery responses to establish there was no breach of contract and no bad faith and the Court granted the carrier’s motion over plaintiff’s opposition.

We have an internal nationwide approved panel list for all MARKEL claims groups and I'm glad to say that because of my recommendation, you and your firm have made the cut.  I sincerely hope we get the chance to work together again.  It has been a pleasure personally and professionally.

Cheryl Weissman, J.D.