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Rice Secures Judgment for Insurer Following 2-Day Trial in Cobb County

Posted on Aug 01, 2022 in Results

Plaintiffs brought a first party claim for comprehensive coverage against their insurer from an alleged 2020 fire loss involving a luxury vehicle.  The insurer had previously denied the claim due to material misrepresentations plaintiffs made during the claim investigation.  Ashley Rice defended the insurer, uncovering additional misrepresentations by plaintiffs and grounds for a judicial estoppel defense during the course of discovery.  Pre-trial, the Court had granted the insurer’s motion for partial summary judgment on the issue of bad faith.  In July, 2022, the case proceeded to trial before Cobb County State Court Judge John S. Morgan.  Finding that plaintiffs had taken inconsistent positions in a bankruptcy proceeding filed before the loss that were calculated to make a mockery of the judicial system, the Court entered judgment for the insurer.  The Court further found that plaintiffs failed to present credible evidence as to the value of the vehicle, their finances, and the circumstances surrounding the fire.