Allen v Hanover Insurance Group, et al.

Wednesday October 20, 2021

Sajid Islam successfully obtained summary judgment of the plaintiff’s claims for underinsured motorist benefits from a national insurance carrier and client of the firm. Specifically, the plaintiff claimed entitlement to $1,000,000.00 in underinsured motorist coverage. After conducting discovery, Sajid filed a motion for summary judgment arguing that the plaintiff had committed fraud in connection with his claim for underinsured motorist benefits by affirmatively representing that he had a viable claim for underinsured motorist benefits and that all conditions precedent required under the policy of insurance had been met when these representations were, in fact, untrue. Sajid successfully argued that all of the elements of fraud had been established, and that there was no genuine issue of material fact that the plaintiff had made a material misrepresentation that he knew was false at the time that he made it with the intention that the carrier would rely upon it and pay damages. The federal court judge agreed with Sajid’s position and granted summary judgment thereby dismissing the plaintiff’s claim for $1,000,000.00 in underinsured motorist benefits.

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