Kenneth S. Merber obtained a complete victory after a week long trial of indemnification/loss transfer claims in the Superior Court of New Jersey, Mercer County (Trenton, NJ). Mr. Merber represented a real estate developer in a lawsuit involving a catastrophic loss after a construction worker fell from an unguarded balcony and suffered quadriplegia.
Mr. Merber negotiated a settlement of the claims with the claimant at a mediation prior to trial. He was then tasked with recovering money paid by GVK’s client’s insurer from other parties and sources of insurance. Mr. Merber and his team recovered the policy limits plus legal fees from the insurer who provided coverage from the contractor retained by GVK’s client. He then accepted the assignment of that contractor’s claims against Plaintiff’s employer.
After the claimant’s employer refused to contribute to the settlement and its out of state insurer disclaimed coverage for the subject loss, Mr. Merber and GVK prosecuted their claims at a jury trial. After producing 7 witnesses to prove the employer was negligent and just prior to the presentation of summations, the employer’s insurer, fearing an excess verdict and bad faith claim against its insured, tendered its 7 figure policy limit. Mr. Merber also recovered six figures in attorneys fees above the employer’s policy limits to resolve the case.