Tim Murphy obtained a defense verdict in Kings County on December 9, 2008 in an insurance coverage case. Plaintiff alleged that the defendant insurance company had not served her with a due demand for a sworn proof of loss statement and euo in connection with her claim for approximately $500,000 in water/mold damage. Plaintiff further argued that the due demand letter allegedly served by the insurance company’s prior outside counsel was made on behalf of the wrong insurance company. The proof of mailing of the due demand and the prior counsel’s file had been destroyed. This resulted in a missing evidence jury charge.
But the Kings County jury still found in favor of the insurance company based on Tim’s skillful cross of plaintiff-policyholder.