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Doyle Dennis Avery LLP Sues XL Insurance America and Intercare Holdings for Insurance Bad Faith

Firm News, Insurance Bad Faith, News

Doyle Dennis Avery LLP recently filed a bad faith insurance suit against XL Insurance America, Intercare Holdings, and Intercare’s insurance adjusters in Maricopa County, Arizona.

After sustaining an on-the-job injury while working for a packing company on January 9, 2021, Doyle Dennis Avery LLP’s client filed a workers’ compensation claim with his employer in Yuma, Arizona. The client received benefits while getting treatment until May 19, 2022, when the defendants improperly terminated benefits of the client’s claim without conducting a proper investigation. Despite numerous attempts to explain to adjusters why the basis for terminating the benefits was incorrect, the defendants repeatedly ignored the client’s communications. The failure to reasonably investigate the basis for terminating an employee’s compensation claim is in direct violation of Arizona law, under which insurance carriers and third-party administrators may be held liable for their failure to conduct an adequate investigation.

Consequently, the client was forced to hire an attorney and request a hearing before the Industrial Commission of Arizona. On May 9, 2023, the Commission found that the client’s benefits were improperly terminated and ordered XL Insurance America to pay the long overdue benefits he was entitled to. Unfortunately, the wrongful conduct did not stop there. Although the workers’ compensation insurance carrier (XL Insurance America) and third-party administrator (Intercare Holdings) were ordered to pay, the defendants continued to dispute and manufacture new reasons to delay the benefits owed to the client. As a direct result of the defendants’ improper withholding of benefits, the client was forced to go without financial support to pay for his medical treatments. The fact that the client’s last medical examination was on May 18, 2022, one day before his benefits were wrongfully terminated, was used to justify the defendants’ refusal to pay indemnity benefits.

The attorneys at Doyle Dennis Avery LLP have significant experience dealing with insurance companies and holding them accountable for committing bad faith, failing to pay out claims, and letting claimants suffer. If you are an injured worker who was harmed by the wrongful denial of workers’ compensation benefits, life insurance benefits, property damage benefits, or other insurance payments, you may have a claim for insurance bad faith. Doyle Dennis Avery LLP will not charge you to complete an initial evaluation of your claim.

Doyle Dennis Avery LLP Files Arizona Bad Faith Insurance Lawsuit Against Travelers Indemnity Company

Firm News, Insurance Bad Faith, News

Doyle Dennis Avery LLP recently filed suit against Travelers Indemnity Company and Traveler’s insurance adjuster. The lawsuit, alleging breach of the duty of good faith and fair dealing, loss of consortium, and aiding and abetting, was filed in Maricopa County, Arizona on behalf of Doyle Dennis Avery LLP’s clients. The firm will now work on behalf of the clients in order to get the justice they deserve.  

One of the two clients involved in the lawsuit sustained injuries at work. Specifically, he sustained injuries to his right knee and fibula, right clavicle, right hip, bilateral shoulders, lumbar spine, and suffered a traumatic brain injury. As a result of the serious injuries, the client’s marriage changed drastically. For example, due to the severity of the client’s injuries, the client requires care for approximately 10-16 hours per day. As a result of the serious injuries, the client requires significant assistance from his wife in managing everyday tasks. For example, his wife helps manage his medications, helps to communicate with medical providers because of memory issues, prepares his meals, provides companionship, transports the client to and from his medical appointments, attends her husband’s medical appointments, cleans his prosthesis, monitors the client, and completes nearly all the household chores to keep a sterile home environment because of the infection risk. After the client sustained on-the-job injuries, he sought to receive workers’ compensation benefits, including compensation for the palliative care provided by his wife. Unfortunately, Travelers Indemnity Company and Traveler’s insurance adjuster delayed and denied the requests for benefits. Thus, Doyle Dennis Avery LLP is representing both individuals in the bad faith insurance lawsuit against Travelers Indemnity Company and Traveler’s insurance adjuster.

Doyle Dennis Avery LLP has significant experience in representing workers who have been targeted, interfered with, or fell victim to bad faith insurance dealings in Arizona. If you have been targeted, defamed, wrongfully terminated, interfered with, or dealt with a bad faith insurance company or adjuster, call Doyle Dennis Avery LLP today for a free consultation.  

U.S. Court of Appeals for the Fifth Circuit Holds that Tuttle and Nicholas Families’ Claims Against Houston Police Officers May Proceed

Firm News, News, Personal Injury

Houston Police Department officers shot and killed Dennis Tuttle and Rhogena Nicholas in a botched drug raid in 2019. Following their deaths, the Tuttle and Nicholas families’ (the “Families”) filed a lawsuit against the City of Houston, alleging that the officers used excessive force in executing the search warrant and that the search and seizure were unlawful. The Families asserted both direct claims and claims premised on failure to intervene against the individual officers. Importantly, the Families also asserted claims against Lieutenants Todd and Gonzales, who had a role in supervising the other officers, for excessive force and unlawful search-and-seizure based on direct liability and failure to supervise. The Families argued that they sufficiently stated a claim for supervisor liability against Todd. They then argued that the district court correctly concluded that Todd was not entitled to qualified immunity because the allegations against Todd for supervisor liability overcame qualified immunity.
The Fifth Circuit affirmed in part, reversed in part, and vacated in part. First, the Fifth Circuit affirmed the district court’s denial of the individual officers’ motions to dismiss the Families’ claims for excessive-force and thus allowed those claims against the individual officers to proceed. The Fifth Circuit declined to address the motions to dismiss the search-and-seizure claims asserted against Sepolio, Salazar, Gallegos, Wood, Pardo, Medina, Reyna, Lovings, and Ashraft.
In addition, the Fifth Circuit held that the district court correctly allowed the Families’ failure-to-supervise claim under 42 U.S.C.S. § 1983 to proceed because the Families alleged multiple specific instances in which the officer fraudulently obtained a search warrant and in which violence occurred, and the officer’s supervisor knew about these infractions, but did nothing to correct them. Regarding Todd, the Fifth Circuit determined that the district court “lacked jurisdiction to enter any judgment respecting Lieutenant Todd.” Thus, the Fifth Circuit vacated the district court’s order. Regarding Gonzales, the Fifth Circuit dismissed the Families’ claims against Gonzales for excessive force and search-and-seizure claims based on direct liability. However, the Fifth Circuit concluded that the facts alleged support the inference that Gonzales failed to supervise Goines, and that a causal link exists between his failure to supervise and the actions that ultimately occurred. Thus, the Fifth Circuit held that the district court was correct in allowing the claims against Gonzales to proceed.
Finally, because federal qualified immunity does not apply to state-law claims, the Fifth Circuit declined to address whether the Families’ state-law wrongful death and survival claims against all defendants should be dismissed.
Read the full opinion here (Tuttle v. Sepolio, No. 22-20279, c/w No. 23-20013, 2023 U.S. App. LEXIS 12834 (5th Cir. 2023):

https://law.justia.com/cases/federal/appellate-courts/ca5/23-20013/23-20013-2023-05-24.html

Doyle Dennis Avery LLP Named for Top 50 Verdict with $7.86 Million Award in Gillies v. Valaris PLC

Firm News, News

Doyle Dennis Avery LLP is proud to announce that our firm has been awarded a Top 50 Verdict for plaintiff’s jury verdicts obtained in the state of Texas for 2022, with a $7.86 million verdict awarded in Gillies v. Valaris PLC. This recognition is a testament to the unwavering commitment and expertise of our trial team, led by Mike Doyle, Patrick Dennis, Jeff Avery, and Emma Brockway. As a law firm that represents injured workers and their families, we are proud of our track record of delivering exceptional legal services and achieving favorable outcomes for our clients.

We are particularly proud to have achieved this recognition for our representation of Gordon Gillies, a drill ship operations adviser who suffered injuries while working on a vessel in the Gulf of Mexico. Our client deserved justice and fair compensation for the harm he suffered, and our team of experienced trial lawyers worked tirelessly to ensure that his rights were upheld. Through our unwavering advocacy, we were able to secure a $7.86 million verdict against Valaris PLC (formerly Ensco/Rowan Drilling) for their negligence and for the unseaworthiness of its vessel, the drillship DS-15. Our attorneys skillfully presented evidence of the employer’s negligence and convinced the jury of the validity of Mr. Gillies’ claims. This Jones Act case is a prime example of our firm’s dedication to delivering exceptional legal services and achieving favorable outcomes for our clients.

The case was brought under the Jones Act (46 U.S.C. § 688) and the general maritime law of the United States of America. On February 17, 2020, Gillies fell while touring Valaris PLC’s vessel, the Valaris Renaissance, due to a defective step lacking bullnose protection. The fall resulted in severe injuries to his tailbone, back, spine, and body generally. Despite reporting the incident immediately to the captain and seeing a doctor, Gillies continues to suffer serious injuries including sharp pain in his left leg, coccyx, spine, back, and body generally due to Valaris PLC’s negligence. As owner and operator of the Valaris Renaissance, Valaris PLC was responsible for the dangerous and unseaworthy conditions of the vessel, which was the legal cause of Gillies’ injuries. The jury found Valaris guilty of failing to maintain the staircase properly, which was the cause of Gillies’ fall and subsequent injuries.

The first cause of action in the case was negligence, in which Valaris PLC, by and through its employees and officers, was found to be negligent in creating the dangerous conditions that proximately resulted in the client’s injuries and in failing to provide adequate crew and equipment, failing to supervise and train the crew, and in other respects. The second cause of action in the case was unseaworthiness, in which the Valaris Renaissance was found to be a vessel for which Valaris PLC owed the client a duty of seaworthiness as a seaman. Valaris PLC breached that duty because the Valaris Renaissance was dangerous, not reasonably fit for its intended purposes, not reasonably safe, and unseaworthy. The unseaworthiness of the Valaris Renaissance was found to be a factual and legal cause of the client’s damages.

The jury’s decision in the 270th District Court of Harris County, after hearing four days of testimony and argument, is a resounding victory for the victim of Valaris PLC’s negligence. The jury found that Valaris was responsible for 90% of the negligence that caused the client’s injuries, while the client was only responsible for 10%. Moreover, the jury found that Valaris was responsible for 99% of the unseaworthiness of the vessel, while the client bore only 1% of the responsibility. These findings reflect the strength of the evidence presented by Doyle Dennis Avery LLP and the skill of our trial team in convincing the jury of Valaris’ negligence and the unseaworthiness of its vessel.

The $7.86 million verdict awarded by the jury includes $1,821,000 in past damages and $6,040,000 in future damages. These damages reflect the significant impact that the injuries have had and will continue to have on the client’s life, including pain, mental anguish, loss of earning capacity, disfigurement, impairment, and medical care.

At Doyle Dennis Avery LLP, we firmly believe that this verdict serves as a powerful reminder to the maritime industry that the safety and wellbeing of workers should always come first. Companies that disregard this fundamental principle and prioritize profits over the welfare of their employees will be held accountable for their actions. We take great pride in securing justice for our client and playing a role in promoting safety standards in the maritime industry.

Our commitment to fighting for the rights of workers remains unwavering, and we will continue to seek fair compensation for those who have been injured on the job. Our firm has a wealth of experience in representing maritime workers who have been injured due to their employer’s negligence, and we are dedicated to helping Jones Act employees understand their rights and receive the compensation they are entitled to.

The recognition and award we have received for this case are a testament to our attorneys’ dedication and expertise in helping maritime workers and their families navigate the legal system. If you are a maritime worker who has been injured on the job due to your employer’s negligence, we invite you to contact Doyle Dennis Avery LLP today for a free consultation. Let us help you secure the compensation and justice you deserve.

The information provided pertains to the case of Gordon Gillies vs. Valaris PLC, Cause Number 2020-36729, litigated in the 270th Judicial District Court of Harris County, Texas.

Doyle Dennis Avery LLP files Lawsuit against Chick-Fil-A Franchise

Firm News, News, Personal Injury

Doyle Dennis Avery LLP has filed a lawsuit on behalf of our clients who sustained serious injuries after a vehicular collision with a car operated by 210 HOSPITALITY, INC. d/b/a Chick-Fil-A Summerwood (“Chick-Fil-A Summerwood”).  The general personal injury lawsuit seeks to collect damages for the injuries caused by the defendant’s negligent actions and omissions. Doyle Dennis Avery LLP will now aggressively pursue the damages owed to our clients as a result of this vehicular collision accident. Our experienced team of trial lawyers is dedicated to fighting for the rights of our clients and securing the justice and compensation they are entitled to receive.

On or about February 9, 2021, our clients were driving when a vehicle operated by a Chick-Fil-A Summerwood driver struck their vehicle. As our clients were turning onto the road, traveling eastbound and had the right of way, the defendant failed to yield, thereby striking the vehicle. Our clients sustained injuries to their backs, necks, shoulders, ankles, and body generally. The negligent actions of Chick-Fil-A Summerwood was the direct cause of the accident and the injuries to our clients. Doyle Dennis Avery LLP will aggressively pursue justice on behalf of our clients, seeking to hold the defendant accountable for their gross negligence and the harm they have caused. Furthermore, we will work tirelessly to secure the full and fair compensation that our clients are entitled to receive.

As a result of the defendants’ negligent actions and/or omissions, the clients are reasonably expected to sustain damages and in reasonable probability will continue to suffer physical pain and mental anguish for past and future medical care, loss of earnings in the past and future, and other legal injuries.  

Doyle Dennis Avery LLP is a highly experienced team of trial lawyers who have achieved impressive results for their clients. With decades of collective experience, our attorneys have a proven track record of success. Take a look at our case results, client reviews and firm history to learn more about our reputation for excellence. We are dedicated to providing exceptional legal guidance and communication throughout the lawsuit process. If you have been injured due to someone else’s negligence, we invite you to contact Doyle Dennis Avery LLP for a free case evaluation. Our attorneys and staff are committed to helping clients protect their livelihoods and wellbeing. Don’t hesitate to reach out to us today to discuss your case.

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