Trial Victory for Balch & Bingham Insurance Coverage Litigation Group

Bruce Barze and Todd Lowther, members of Balch & Bingham's Insurance Coverage Litigation Group, obtained a $2.09 million verdict on behalf of a corporate policyholder client against Evanston Insurance Company.  The lawsuit against Evanston arose out of a previous liability lawsuit against the policyholder, in the State of Ohio, which resulted in a large verdict.  Evanston took over investigation, defense, and settlement of the underlying claim two years into the litigation, replaced the policyholder's chosen attorney over the insured's objections, and unsuccessfully attempted to defend the case at trial rather than settling.  After the jury returned a multi-million dollar verdict against the policyholder in the underlying lawsuit, the subject lawsuit was brought against Evanston alleging, among other claims, breach of contract and bad faith failure to settle.  The lawsuit was filed in federal court in the Eastern District of Tennessee, where the insured is principally located.  After a four day trial, the jury returned a verdict in favor of the policyholder in the amount of $2.09 million.