Judge Denies Harner's Summary Judgment Request Related to Failure to Pay Claims
August 6, 2012
by Casey Neeley, firstname.lastname@example.org
A New York judge has denied David Harner’s motion for summary
judgment filed in the case he filed against several insurers and
third-party administrators in
May 2011, charging the companies with failure to pay assigned
claims, fraud or intentional misrepresentation, deceptive acts,
restraint of trade and unfair business practices and tortious interference.
Harner is the owner of Auto Glass of Westchester Windshield Doctor
in Westchester, N.Y.
Harner had requested summary judgment specifically related to the
first cause of action of his amended
complaint, filed earlier this year. The first cause of action
charges the insurers with “failure to pay claims,” and
lists more than 40 instances of work he has completed dating back
to 2009 for which he alleges he has not been paid. His first cause
of action names Allstate, Geico, Hanover, Hartford, Liberty Mutual,
Merchants, Metropolitan, Nationwide, Peerless, Progressive, State
Farm, Travelers, and USAA as insurers having failed to pay assigned
Judge Cathy Seibel noted that the motion had been improperly filed
and that a pre-motion conference would be required for further consideration
of summary judgment.
“Nothing has been filed with the Court or received in chambers,”
writes Seibel. “I doubt I would entertain a summary judgment
motion while the motions to discuss are pending, and I certainly
would require a pre-motion conference first.”
Counsel for Peerless Insurance Company and Liberty Mutual Insurance
Company, two of the insurers named in the suit, had brought the
improper filing to the Court’s attention; as a result, Harner’s
notice of the motion has been terminated.
This story is an original story by AGRR™ magazine/glassBYTEs.com™. Subscribe to AGRR™ Magazine.
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