Firm presses insurer to pay client’s costs
January 17, 2019 – Firm partners Nick Carlin and David Given, together with associate Brian Conlon, today filed an opening brief in the State’s Second Appellate District on behalf of client Aaron Samsky, pressing his case for reimbursement of legal fees and costs against his insurer, State Farm, arising from an underinsured motorist claim following a car crash in Los Angeles. In Sept. 2018, the client (represented by Nick Carlin and associate Mike Levinson) prevailed in an arbitration against State Farm, after which he asked the Los Angeles Superior Court to confirm the arbitration award as well as to award him his costs of proof (legal and expert fees and other out-of-pocket expenses, totaling almost $200,000) incurred as a result of State Farm’s failure to admit certain facts – for instance, that Mr. Samsky was not at fault for being rear-ended. While the court confirmed the arbitration award and entered a judgment in Mr. Samsky’s favor, it refused to award him those costs. The client’s appellate brief challenges the court’s failure to award those costs on various grounds. Further proceedings in the Court of Appeal are pending.
March 1, 2019 – The firm filed a reply brief for the client today, responding to State Farm’s arguments over his cost and fee request. A hearing in the appellate court is expected to be scheduled soon.