Arnold & Placek Obtains Judgment of Over $3,700,000

Written by A&P News on June 13th, 2012. Posted in Premium, Trial

261st District Court, Travis County

Arnold & Placek, P.C. today prevailed on summary judgment on behalf of its client and obtained a judgment of $3,712,042.00 and an additional $51,228.37 in attorney’s fees from the Defendant Pegasus Transportation Group, Inc. In the case, Arnold & Placek represented Texas Mutual on its claims against Pegasus, a trucking company, related to additional premiums owed on a series of workers’ compensation policies issued by Texas Mutual. Texas Mutual alleged that Pegasus had under-reported its payroll, thus obtaining workers’ compensation at a much lower premium than is prescribed by law. On summary judgment, Arnold & Placek demonstrated that the additional payroll which should have been disclosed to Texas Mutual would have resulted in additional premium of over $3.7 million. The Court agreed and also awarded Texas Mutual its attorney’s fees in having to pursue the breach of contract claims. Texas Mutual was represented by Scott Placek, Kyle Jones and Matthew Foerster of Arnold & Placek. Matthew Foerster argued and obtained the ruling on summary judgment for Texas Mutual.

Arnold & Placek, P.C. Obtains Summary Judgment on Bad Faith Claim

Written by A&P News on July 23rd, 2010. Posted in Bad Faith, Trial

67th District Court for Tarrant County, Texas

Arnold & Placek, P.C. obtained a summary judgment on behalf of the Travelers Group in a workers’ compensation bad faith claim, establishing, as a matter of law that there was no bad faith on the part of Travelers.  Thomas Sauvlet sued Travelers in Tarrant County, Texas contending that their dispute of his unwitnessed bathroom slip and fall accident was a breach of the duty of good faith.  Through carefully tailored discovery, Arnold & Placek was able to establish that, as a matter of law, a reasonable basis existed to dispute the claim.  Judge Don Cosby granted Travelers summary judgment after Arnold & Placek had previously obtained the dismissal of an identical suit Sauvlet had filed in Dallas County.  Kyle Jones represented the Travelers Group.

Dallas County Jury Returns Unanimous Carrier Verdict in LIBS Case

Written by A&P News on June 20th, 2010. Posted in Judicial Review, Trial

14th District Court for Dallas County, Texas

Arnold & Placek, P.C. obtained a unanimous jury verdict for Texas Mutual Insurance Company, overturning the Division of Workers’ Compensation’s award of Lifetime Income Benefits to Javier Esparza.  Mr. Esparza, who was one of two survivors of a 10 fatality auto accident, suffered the amputation of one leg and an injury to his right arm.  The DWC found that Esparza had total loss of use of the right arm, and awarded lifetime income benefits – an estimated future expense of over $1,000,000.  Based on the medical evidence and surveillance video, Arnold & Placek was able to establish that, in fact, Esparza had sufficient use of his right arm that he could get and keep employment requiring the use of the arm.  Scott Placek and Kyle Jones represented Texas Mutual at trial.  Javier Esparza was represented by Randell Johnson.  Judge Eric Moyé presided over the trial.