Richard Abrams, Managing Partner of the firm’s Wilmington Delaware office, secured a Directed Verdict at the close of Plaintiff’s case in chief.
Richard Abrams, Managing Partner of the firm’s Wilmington Delaware office, secured a Directed Verdict at the close of Plaintiff’s case in chief. Plaintiff claimed the Defendant insurance broker failed to include Water Backup of Sewers and Drains coverage when it procured a Business Owner’s Policy for Plaintiff. Years after the policy was issued and renewed multiple times, Plaintiff experienced flooding and property damage caused by water, which backed up into Plaintiff’s basement causing damage in excess of fifty thousand dollars. Plaintiff’s claim was denied by the non-party insurance company that issued the policy, because it did not contain coverage for Water Backup of Sewers and Drains. Plaintiff sued the insurance broker on grounds its agent did not make sure the requested coverage was included. Plaintiff insisted the omitted coverage was specifically requested and, in support, offered emails into evidence which Plaintiff argued proved which coverages were desired and/or rejected. Through cross-examination of Plaintiff’s two witnesses, Defense counsel was able to get both to concede the policy was fully integrated, and never read by either prior to the loss to verify the desired coverages were included. After Plaintiff rested, Defense counsel moved for a directed verdict, which was granted.