Client: Liberty Mutual Insurance
Court: Philadelphia County Court of Common Pleas
Brief Attorney: Edward F. Kuhn, lll
**Results may vary depending on your particular facts and legal circumstances**
Liberty Mutual Insurance (“Liberty”) defended Dan Lepore and Sons in a Workers’ Compensation case filed by one of Lepore’s employees. The Philadelphia Workers’ Compensation Court found the claim compensable. Lepore felt the claims were fraudulent and was very upset with the outcome. The Workers’ Compensation decision was appealed and the matter was then settled pending the appeal.
Lepore then filed a Complaint alleging Liberty breached the insurance contract by failing to provide conflict-free counsel in the Workers’ Compensation case. Lepore also included a bad faith count for the handling of the Workers’ Compensation claim and for Liberty’s billing practices. We also filed a Counterclaim on Liberty’s behalf against Lepore for Lepore’s failure to pay its deductible.
We filed a motion for summary judgment on behalf of Liberty to dismiss Lepore’s Complaint and to enter judgment on Liberty’s Counterclaim. Lepore also filed a motion for summary judgment to dismiss Liberty’s Counterclaim. The court granted Liberty’s motion for summary judgment to dismiss Lepore’s Complaint and granted Liberty’s Counterclaim. Lepore’s motion was denied.
