Gordon Rees Scully Mansukhani Dallas attorneys Bob Bragalone and Nathan Pearman, with assistance from Wade Emmert and paralegal Gina Landingham, successfully obtained dismissal with prejudice in all claims brought against the firm's client, an insurance broker, in a highly contested insurance policy premium audit dispute. The claims included breach of contract, Texas Insurance Code, deceptive trade practices, negligence, treble damages, attorney’s fees and indemnity/contribution.
The policyholder, a general contractor, alleged that the insurance broker had committed errors and omissions in submitting the policy applications and had allegedly misrepresented the amount of premium owed under the policy.
On the eve of trial, the Gordon & Rees team obtained a complete dismissal with prejudice for the firm's client, based on arguments that there was no claim for contribution against the insurance broker and there was no written agreement between the policyholder and broker. With a pending motion for judgment and the hint of sanctions to follow the victory, the opponent folded and dismissed all claims against the firm's client.