Welch, McAloon and Mann Obtain Summary Judgment

Michael Welch, Sean McAloon, and Greg Mann obtained a complete dismissal of a complaint seeking extra-contractual damages brought against our client, an automobile insurance company.  Plaintiffs alleged that that they were entitled to damages in excess of $200,000.00 for breach of contract under a policy of automobile collision insurance based upon the carrier’s refusal to declare the Plaintiffs’ high-performance vehicle a “total loss.”  In granting the motion for summary judgment, the court adopted each of our arguments that plaintiffs’ action was barred because the carrier complied with its obligations under the policy and Regulation 64 with respect to “total loss” valuations for private passenger automobiles, plaintiffs’ expert report was materially deficient, and plaintiffs sustained no compensable damages, as the carrier paid to have the vehicle repaired.