It took over four years of hard-fought litigation, but in the end, justice prevailed. After a five day jury trial, on May 13, 2019 a Maricopa County Superior Court jury handed Michael Raymond and Dan McCarthy’s client, Navigators Insurance Company a unanimous one million dollar verdict in its favor and against First Mercury Insurance Company.
The suit stemmed from a February 2015 underlying personal injury claim that resulted in a $3.95 million verdict against an insured. First Mercury had two million in liability coverage but eschewed several opportunities during trial to settle within policy limits. Navigators retained RG&M shortly after the verdict and the firm helped settle the underlying claim while on appeal for $3M, thus mitigating Navigators exposure to $1 million.
RG&M then brought a bad faith failure to settle lawsuit against First Mercury under the theory of equitable subrogation. The ensuing litigation was hard fought but in the end, RG&M secured a tremendous victory for its client.