Evan Krinick, Max Gershenoff and Michael Versichelli secure complete dismissal, on reconsideration, of a putative federal class action.

September 9, 2012 | Appeals | Employment & Labor | Insurance Coverage

Evan Krinick, Michael Versichelli, and Max Gershenoff of Rivkin Radler’s Litigation and Appeals practice group secured the complete dismissal, on reconsideration, of a putative federal class action against State Farm Mutual Automobile Insurance Company, entitled Servedio v. State Farm Mut. Auto. Ins. Co., E.D.N.Y. Docket No. CV 10-1458. The aspiring lead plaintiff had contended, among other things, that State Farm’s automobile insurance policies violated Section 349 of New York’s General Business Law. However, in a decision adopting many of the arguments advanced by the Rivkin Radler team, Senior United States District Court Judge Frederic Block held that the filed rate doctrine effectively prevented the plaintiff from sufficiently alleging the damages necessary to support his Section 349 claim, mandating dismissal of the claim and the entire lawsuit.

Judge Block’s decision in the Servedio case is the latest in a series of favorable decisions obtained by Rivkin Radler’s Litigation and Appeals group in cases where insurers wrongfully have been accused of misconduct, and underscores the firm’s core competency in prosecuting and defending every aspect of insurance litigation.

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