Results
Skarzynski Marick Prevails in Seventh Circuit Rescission Case
August 22, 2024Skarzynski Marick & Black LLP attorneys Mike Marick and Joel Vander Vliet secured an appellate victory for Grinnell Mutual Reinsurance Company affirming the lower court’s ruling on summary judgment entitling Grinnell to rescission.
Skarzynski Marick Secures Victory With Eighth Circuit Holding No Duty To Defend Or Indemnify Insured Arising From Warehouse Collapse
March 4, 2024Skarzynski Marick attorneys Michael Marick and Andrew Candela represented AXIS Surplus Insurance Company in the United States Court of Appeals for the Eighth Circuit, which affirmed the summary judgment that AXIS has no duty to defend or indemnify its insured for multiple deaths arising from a tornado that struck an Amazon warehouse. The real estate developer of the warehouse, TriStar Companies LLC, sought its significant defense costs and indemnity under a policy issued by AXIS.
Delaware Court Dismisses D&O Coverage Suit Based on the Insureds’ Default in an Underlying Class Action
June 7, 2022Skarzynski Marick & Black attorneys Ted Carleton and Juan Luis Garcia, representing Great American Insurance Company, obtained a favorable dismissal in a coverage action in the Delaware Superior Court.
Skarzynski Marick & Black Wins Summary Judgment on Insured Capacity and Uninsurability of Disgorgement
February 2, 2021Skarzynski Marick & Black attorneys Alexis Rogoski, Ted Carleton and Juan Luis Garcia, representing Freedom Specialty Insurance Company, along with other non-settling excess
insurers, obtained favorable rulings on summary judgment in the New York State Supreme Court for the County of New York.
insurers, obtained favorable rulings on summary judgment in the New York State Supreme Court for the County of New York.
Skarzynski Marick Secures Appellate Victory on Duty to Defend Antitrust Lawsuit and Insured’s Claim of Conflict of Interest Requiring Independent Counsel
April 16, 2020The Appellate Court of Illinois published an opinion on April 7, 2020, affirming that Skarzynski Marick’s client did not have a duty to defend antitrust allegations under a CGL policy and that a policyholder’s potential liability in excess of limits did not create a conflict of interest.
Skarzynski Black Wins Judgment on Insured Capacity and Contract Exclusion
December 3, 2018Court enters judgment on the pleadings for Skarzynski Black client, ruling that claims were not made against CEO in his insured capacity and contract exclusion barred coverage for claims against company.
Seventh Circuit Affirms Insurer Not Liable for Insured’s Collusive Settlement
August 18, 2017Skarzynski Black prevailed in an appeal of a summary judgment ruling that a settlement by an insured defendant was unenforceable against its insurer.
Skarzynski Black Wins Ruling on Disgorgement
March 29, 2017Skarzynski Black obtains a declaratory judgment ruling, on behalf of an insurer, holding that a D&O policy did not cover settlement payments in the nature of disgorgement.
Skarzynski Black Wins Summary Judgment On Crime Coverage
March 22, 2017Skarzynski Black won summary judgment for Scottsdale Insurance Company on an apparel company’s crime coverage claim in federal court in Los Angeles on the ground that the executive who allegedly stole funds was not an Employee as defined in the Scottsdale policy.
Skarzynski Black Secures Exclusion of Expert Report in Coverage Litigation
March 20, 2017Skarzynski Black won exclusion of a plaintiff’s expert report in federal court as insufficiently detailed to give fair notice of the opinions the expert would testify to at trial.
Skarzynski Black Defeats Assignee’s Claim under Consent Judgment
March 1, 2016Skarzynski Black attorneys obtained two favorable rulings for their clients in an action for declaratory judgment and breach of contract, resulting in a final judgment and total victory.
Skarzynski Black Wins Summary Judgment on Professional Services Exclusion
September 30, 2015Skarzynski Black won summary judgment in favor of Scottsdale Indemnity Company. See, Strategic Forecasting, Inc. v. Scottsdale Indem. Co., No. 12CV5389JMAARL, 2015 WL 9694796 (E.D.N.Y. Sept. 30, 2015). Strategic Forecasting involved a data breach class action filed against the Insured (“Stratfor”), an operator of a web-based purveyor of geo-political intelligence content and analysis. SB’s client, Scottsdale, issued a D&O Policy to Stratfor. Stratfor sought coverage for the class action; Scottsdale denied coverage arguing that the Scottsdale Policy’s broad-form professional services exclusion, which excluded coverage for all claims “arising out of” professional services, precluded coverage for the class action. Scottsdale maintained that the operation of a website was inherently a professional service, and claims arising out of the website’s negligent operation were therefore excluded from coverage.
Second Circuit Affirms With Prejudice Dismissal of Antitrust Suit Against SB’s Client
November 19, 2015Skarzynski Black successfully defeated an antitrust suit asserted against its client, a travel agency. The plaintiff in the suit, also a travel agency, alleged that Skarzynski Black’s client interfered with the plaintiff’s relationship as a franchisee of American Express Travel and entered an improper agreement to control the market for discounted first and business class airline tickets.
Skarzynski Black Wins Dismissal of Antitrust Suit
March 23, 2015Skarzynski Black attorneys successfully obtained dismissal of an antitrust action alleging that the firm’s client had conspired with a unit of American Express to restrain trade in the sale of airline tickets. The March 16, 2015 ruling, issued by U.S. District Judge Analisa Torres of the Southern District of New York, was a complete win for our client.