Levy, Green & Mann Secure Dismissal for GEICO

Barry Levy, Scott Green, and Greg Mann secured a pre-answer dismissal of an Americans with Disabilities Act action filed against GEICO by an automobile insurance policyholder.   In Kropp v. GEICO- Government Employees Insurance Company et al ., United States District Court Judge Paul Gardephe concluded that GEICO’s denial of Plaintiff’s lost earnings claim on the ground that he was unemployed at the time of the underlying motor vehicle accident fell within a “safe harbor” provision to the ADA’s prohibition of disability discrimination.  The Court held that GEICO’s denial related to the underwriting, classification, and administration of risk by an insurance company.  In addition, the Court also agreed with GEICO that any claim by Plaintiff for lost earnings was collaterally estopped by a prior state court decision granting summary judgment to GEICO on that claim.

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