Attorneys Larry Bendesky, Bob Zimmerman, Marni Berger, and Scott Fellmeth secured a total of $5,555,000 on behalf of a then 19-year-old bread maker who lost most of his dominant hand in a devastating workplace accident while removing dough from an unguarded breadmaking machine.
In the spring of 2020, all parties but the excess liability insurer for a wholesaler and distributor of bread participated in a mediation that led to a $4,600,000 dollar settlement. The excess insurer refused to participate in mediation or settlement based on its position that a “Limitation of Coverage to Designated Premises or Project Endorsement” within the underlying primary CGL policy barred coverage.
Following the initial settlement, SMB’s insurance recovery specialist Marni Berger joined forces with Bendesky, Zimmerman, and Fellmeth to have the firm’s client assigned the rights under the excess policy and the team initiated a coverage action for declaratory judgment, breach of contract and bad faith against the excess insurer in New Jersey state court. In the coverage action, SMB argued that the exclusion was inapplicable because the bodily injury arose out of “operations necessary or incidental” to the premises owned by the excess carrier’s insured. At mediation with the excess carrier, the coverage action resolved for an additional $955,000. The total settlement is a testament to the innovation and consistent push by the firm’s attorneys to maximize all avenues of potential recovery. We are especially pleased to achieve this additional settlement as our client was at the prime of his life when this catastrophic accident occurred and will live a long life with his injuries and limitations.