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Attorneys Karen Berberich and Amanda Dickens Obtain Dismissal for Client

Posted: February 23, 2023

In an action brought by an alleged insured against the carrier seeking coverage in an underlying personal injury action, Karen Berberich and Amanda Dickens successfully defeated plaintiff’s motion for default judgment and obtained dismissal of the complaint against the carrier. They successfully defeated the presumption of proper service upon the Department of Financial Services, by providing an affidavit from the claims representative stating that the carrier had no record of receiving the complaint or motion for default judgment and that plaintiff never reached out to the carrier to obtain an answer, despite knowing the identity of the assigned claims representative. Further, they demonstrated that coverage was properly denied because the intentional assault by the plaintiff against the claimant did not constitute an accident or occurrence as required for coverage.