News & Events

Partner, Melissa McDavitt and Associate, Madison O’Connell in the West Palm Beach office defeated Plaintiff’s decade old claim for PIP benefits. Shortly after the carrier’s notice and investigation of the claim, the policy was rescinded for a material misrepresentation on the application for insurance. The Plaintiff, a medical provider, claimed its treatment was related to the accident, reasonably priced, and medically necessary. The Defense Attorneys not only decimated the Plaintiff’s case in chief and medical expert testimony, they successfully demonstrated the named insured made material misrepresentations on the application of insurance by failing to list a regular driver of the insured vehicle, rendering the policy void. Before the case went to the jury, Defendant argued and received a partial directed verdict as to the material misrepresentation defense.  In less than thirty minutes, the jury returned an unequivocal verdict for the defense on the remaining issues.