wendy kramer adr

BUSINESS AND INSURANCE

Representative Cases

  • Subrogation matter involving alleged design defect/strict liability regarding failed fire sprinkler, which leaked and caused major property damage in high end home.

  • Business Dispute: Complaint for fraudulent transfer of business to avoid payment of two judgments totaling over $36,000. Defendant claimed his company went out of business. He then became an employee of another company selling a similar product. Plaintiff alleged defendant was the actual owner of the third company, that it sold identical goods and that defendant was seeking to avoid payment of the judgments via the fraudulent transfer.

  • Bad Faith: Plaintiff alleged his insurer failed to handle three incidents of water damage in his home in good faith. Plaintiff suffered from mental illness and defendant alleged the delays in claims handling and payment of relocation fees were due to inability to properly communicate with its insured.

  • Breach of Warranty: Plaintiff purchased a used tow truck from a dealer to add to his fleet and alleged that due to numerous mechanical difficulties, it was placed out of service for 4 months. Plaintiff sued for breach of warranty, implied and express, merchantability, fitness for use, etc.

  • Business Dispute: Plaintiff sought to recover premiums allegedly owed after a workers compensation audit revealed more payroll than had been estimated and reclassification of some employees into a higher premium bracket. Defendant contended that reclassification was erroneous and that it was actually owed premiums.

  • Embezzlement: Plaintiff alleged defendant property manager embezzled $120k from its accounts. The lead defendant claimed another employee embezzled the funds but admitted to poor oversight. The second defendant had “loaned” his brokers’ license to first defendant for a fee and was also the subject of a Department of Real Estate Complaint and potential loss of his license.

  • Banking: The plaintiff Bank sued two corporations and their owners for defaulting on lines of credit with personal guarantees. Defendants had been paying the minimums on the lines and were not late; however, when the bank sought updated financials which they did not provide, the bank defaulted both. Defendants cross-complained against bank.

  • Contract Dispute: Dispute arising out of the sale a security system and the maintenance agreement installed by plaintiff in a mall with the amount in controversy over $400k. Issues of fraud potentially nullifying contract, an embezzlement scheme to inflate the cost of the system and threats to shut down the system during the busy holiday season.

  • Fire Damage: One of many Station Fire cases resulting in soot and ash damage to residences. Experts for both defense and plaintiff appeared at mediation to voice their opinions regarding causation, remediation and actual vs. speculative damages.

  • Banking: Dispute between lender and borrower over yacht loan where borrower had made arrangements with lender to work together to try to sell the yacht to avoid foreclosure, borrower had arranged for purchaser and would have allegedly cured the default in payments on the loan. Sudden personnel shift at bank was made and lender foreclosed and repossessed.

  • Business Dispute: Third lawsuit over several years arising out of sales of imported beer. Previous temporary restraining order expired with permanent injunction being sought while defendant claimed a non-exclusive contract loophole allowing for the sales.

  • Lemon Law: Plaintiff purchased a $90k truck to utilize as a tow truck for a newly formed towing business. It allegedly had numerous mechanical difficulties, placing it out of service some 120 days to date. Plaintiff sued for breach of warranty, implied and express, merchantability, fitness for use, etc.

  • Consulting Contract: Plaintiff contracted with defendant to provide consultation to its food manufacturing company to devise savings which contract specified defendant would not unreasonably withhold consent to implement recommendations. After testing, defendant lost confidence in the proposal, refused to implement and canceled the contract. 

  • Business Dispute: Plaintiff's insured placed his vehicle for sale on consignment with a used car dealer. The dealer sold the vehicle, subsequently the business was closed and plaintiff's insured was not paid. Insurance company paid for the fair market value of the vehicle under a theft claim and sought recovery of the $37,000 paid from a corporate entity believed to be the “front” for the now defunct used car dealership.

  • Diminution in Value/Loss of Use: Luxury car involved in auto accident. Insurer deemed the vehicle fully repaired to its pre-accident condition. Plaintiff retained an expert to dispute that the car was repaired fully and regarding diminution in value in future sale.

  • Insurance Agent Malpractice: Fire damaged a rental unit owned by plaintiffs. Defendant insurance agent alleged plaintiffs failed to renew fire insurance policy. Plaintiffs maintained multiple insurance policies on commercial and residential properties as well as auto, with agent during coverage period. Plaintiffs alleged failure to give adequate notice of expiration of policy.

  • Subrogation: Soda machine positioned in tenant’s suite in commercial building sprung a leak in a hose and flooded the firm and adjacent offices.

  • Subrogation: Homeowner’s insurance company brought action against heating company to recover damages paid to its insured arising out of a fire which allegedly originated due to faulty repair of a gas pilot light.

  • Property Damage: Plaintiff condominium owner experienced an overflow of sewage due to main line back up. Insurance carrier for HOA paid damages for mold testing, repair, remediation, replacement and living expenses; however plaintiff sued for additional repairs allegedly due to water intrusion, and out of pocket expenses denied by carrier.