Successes

Summary Judgment was granted in favor of Cannon & Nelms’ client in the United States District Court for the Central District of California on an insurance coverage and bad faith matter. The court found that the insured had intentionally misrepresented material facts and concealed material information during the insurer’s claim investigation. This finding rendered the policy void.

Defense Verdict for prominent Salinas Valley farming enterprise that was sued by a foreign insurer to recover nearly five million dollars in damages for a lettuce crop that had been recalled based upon false claims of E. coli 0157:H7 contamination. After a jury trial lasting nearly two months, the jury found for Cannon & Nelms’ client. The Court awarded Cannon & Nelms’ client all of its attorneys’ fees, expert witness fees and costs of suit which were recovered by Cannon & Nelms’ client after plaintiff’s unsuccessful appeal.

Defense Verdict for Cannon & Nelms’ client, Cleveland Golf, after a 3 week jury trial. Plaintiff sought breach of contract damages in excess of 10 million dollars and claimed ownership of Cleveland Golf’s trademarks in the territories of Hong Kong, Macau and the Peoples Republic of China. The Court also issued a permanent injunction precluding this plaintiff from using Cleveland Golf’s trademarks.

Settlement Cannon & Nelms substituted into a case 6 weeks before trial to serve as trial counsel in an auto liability, bodily injury lawsuit involving an alleged traumatic brain injury. Plaintiff’s $26 million dollar settlement demand was within the client’s policy limits. After obtaining a 4 month continuance of the trial to obtain additional experts and properly discover the case, the matter settled for $375,000 a week before trial.

Defense Verdict for Cannon & Nelms’ insurer client after a 4 week jury trial of an insurance bad faith case involving the insurer’s policy defenses of arson and insurance fraud by the insured.

Defense Verdict for Cannon & Nelms’ client after a 4 week jury trial in which a manufacturer sought damages in excess of $23 million dollars based upon its allegation that chondroitin sulfate it imported from China and sold to Costco was adulterated.

Defense Verdict in a jury trial for Cannon & Nelms’ insurer client on breach of contract and bad faith claims that were brought by a loss payee on commercial property policy after coverage was denied to the policyholder.

Directed Verdict entered in favor of Cannon & Nelms’ insurer client in an insurance bad faith jury trial arising out of disputed earthquake damages.

Defense Verdict for Cannon & Nelms’ insurer client in an insurance bad faith case alleging personal injuries caused by the inhalation of mycotoxin mold spores. This was the first reported defense verdict for an insurer in a mold bad faith case in California.

Defense Verdict after a four week jury trial for Cannon & Nelms’ insurer client in an insurance bad faith case involving an apartment building with significant mold related damages.

Defense Verdict for Cannon & Nelms’ insurer client on plaintiff’s tort and punitive damages claims after three week jury trial of a bad faith lawsuit in Safford, Arizona. Cannon & Nelms was asked to try this case pro hac vice after two previous summary judgments had been reversed by the Arizona Supreme Court and the case was remanded for trial.

Dismissal with prejudice was obtained for Cannon & Nelms’ insurance company client in return for a waiver of the insurer’s right to recover statutory costs after a 3 week jury trial.

Defense Verdict and reported opinion in favor of Cannon & Nelms’ client CNA that was the primary carrier for a trucking company that was liable for the death of a pedestrian. This case resulted in a published decision that affirmed a primary carrier’s right to control the defense and settlement of a liability case and rejected the excess insurer’s claimed right to settle the case before trial and sue the primary insurer for bad faith.

Summary Judgment in favor of CalFarm Insurance Company that resulted in a published opinion holding that an insurer could deny a first party claim for failure of condition precedent where the insured continually delayed and failed to appear for Examination under Oath.

Summary Judgment in favor of Cannon & Nelms’ client Cleveland Golf on the issue of insurance coverage. This affirmation of coverage resulted in a seven figure settlement of lawsuits brought against Cleveland Golf’s insurer and landlord for property damages sustained to its manufacturing facility.

Judgment after a bad faith jury trial for Cannon & Nelms’ client (who was a Founder of the Marine Corp’s Toys for Tots charity) that resulted in a seven figure recovery against his insurer.

Judgment on jury verdict in bad faith case in favor of Cannon & Nelms’ client who was a Marine officer that was arrested after being falsely accused of arson by his insurer’s Special Investigation Unit. Cannon & Nelms’ client obtained a significant tort recovery for emotional distress and attorney’s fees.

Settlement of nearly 1 million dollars new money was obtained for Cannon & Nelms’ client after hung jury in bad faith jury trial against an insurer for failure to pay fire loss claim.

Judgment after 6 week combined bench and jury trial favorable to Cannon & Nelms’ client who was uphill landowner in a hillside failure lawsuit involving damages to 6 residences. Amount awarded was more than $6 million less than were claimed by Plaintiffs.

Settlement of approximately $1.5 million in favor of Cannon & Nelms’ clients and their primary insurer against the clients’ excess insurer for bad faith failure to indemnify covered losses in excess of primary policy limits.

Settlement in excess of $1 million policy limit obtained for Cannon & Nelms’ client in bad faith action after coverage wrongfully denied for pollution claim.

Settlement obtained in a seven figure amount for Cannon & Nelms’ client that was sexually harassed in the workplace by chief executive of large, well known corporate entity.