Hilliard & Munoz, L.L.P., Announces $4.2 Million Verdict for San Luis Mexican Restaurant in Insurance Lawsuit
07 November 2008 - 9:37PM
PR Newswire (US)
CORPUS CHRISTI, Texas, Nov. 7 /PRNewswire/ -- Corpus Christi
attorney Bob Hilliard is announcing a $4.2 million verdict handed
down today in favor of Corpus Christi's popular San Luis Mexican
Restaurant against the restaurant's insurance company. The jury in
Judge Lisa Gonzales' County Court at Law No. 2 in Nueces County
found that Illinois-based Evanston Insurance Co. was grossly
negligent in its failure to insure the restaurant and its owner,
Maria Pineda, for a covered claim. In July 2002, an off-duty
employee slipped and fell while leaving the restaurant, severely
injuring her arm. Mrs. Pineda previously had purchased a general
liability policy from Evanston Insurance that she was told would
provide coverage for anybody injured at the restaurant. Mrs. Pineda
submitted the claim, but Evanston Insurance denied it citing an
exclusion to coverage because the injured person was an employee.
The employee sued Mrs. Pineda and the restaurant in the 347th
District Court in Nueces County. Evanston Insurance hired an
attorney to represent Mrs. Pineda, but stopped paying the attorney
after collecting evidence that supported its claim denial. Mrs.
Pineda sued Evanston Insurance in July 2007 for denying the
insurance claim and failing to defend her at trial. During trial, a
senior underwriter for Evanston Insurance's parent company,
Virginia-based Markel Corp. (NYSE:MKV), admitted that the company
ignored clear evidence it could have covered Mrs. Pineda's claim.
The underwriter testified also that when considering disputed
coverage for a claim, "ties go to the uninsured." The six-person
jury agreed, awarding Mrs. Pineda and San Luis Mexican Restaurant
$4.2 million, including $2.8 million in punitive damages. Judge
Gonzales previously granted a motion for summary judgment made by
Mrs. Pineda's attorney regarding the companies' failure to defend
her at trial. "Mrs. Pineda is glad the jury decided to make these
insurance companies hold up their end of the bargain," says Mr.
Hilliard of Hilliard & Munoz, who represented Ms. Pineda and
the restaurant. "Evanston had a chance to settle the underlying
claim for $25,000, but chose instead to leave Mrs. Pineda twisting
in the wind. We hope this verdict sends a message to other insurers
that their primary responsibility is to look out for their
policyholders." For more information, please contact Alan Bentrup
at 800-559-4534 or 713-553-3358, or . DATASOURCE: Hilliard &
Munoz, L.L.P. CONTACT: Alan Bentrup, 1-800-559-4534, or
+1-713-553-3358, , for Hilliard & Munoz, L.L.P.
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