Experience Nicholas A. Cammarata

Experience

Summary Judgment for Insurance Client

Secured summary judgment for an insurance company in Phelps County Circuit Court in Missouri. The plaintiffs challenged the owned vehicle exclusion as applied to the stacking of uninsured motorist coverage. The Court granted summary judgment in favor of the insurance company client, holding that the policy exclusion was unambiguous and enforceable.

Bench Trial and Appeal for Insurance Client

Handled a bench trial and subsequent appeal by the adverse party in a lawsuit involving an attorney’s lien.

Summary Judgment for Insurance Client in Underinsured Motorist Claim

Secured summary judgment for an insurance company in the United States District Court, Eastern District of Missouri. The plaintiff was in an accident while riding a motorcycle and sought underinsured motorist coverage for the insurance policy issued to his car. The Court granted summary judgment in favor of the insurance company client, holding that the policy excluded coverage for the operation of the motorcycle.

First-Chaired Premises Liability Jury Trial

Defended homeowners’ association in jury trial in St. Louis County Circuit Court in Missouri. This was a premises liability case arising out of a trip and fall down stairs. The jury apportioned 80% of fault on the plaintiff, resulting in a favorable result for the client.

Summary Judgment for Insurance Client in Breach of Contract, Vexatious Refusal Case

Secured summary judgment for an insurance company in Jefferson County Circuit Court in Missouri. This was a breach of contract and vexatious refusal case wherein the plaintiff sought underinsured motor vehicle coverage. The Court granted summary judgment in favor of the insurance company client holding that the tortfeasor's vehicle was not "underinsured" as defined by the Policy.

Summary Judgment for Insurance Client in $150,000 Underinsured Motorist Case

Secured summary judgment for an insurance company in the St. Louis County Circuit Court in Missouri. This was a breach of contract and vexatious refusal case wherein the plaintiff sought underinsured motor vehicle coverage. The tortfeasor had two liability insurance policies: a $100,000 liability policy, and the vehicle he was driving had a separate $50,000 liability policy. The plaintiff recovered $150,000 from the tortfeasor, and then sought underinsured motorist (UIM) coverage. The plaintiff argued that since the “vehicle” only had $50,000 in coverage, there was UIM coverage. The court rejected this argument and held that the insurer was entitled to the full set-off of $150,000, reducing coverage to zero, and entered summary judgment in favor of the carrier.

Secured Summary Judgment on Vexatious Refusal to Pay

Obtained summary judgment for an insurance company in U.S. District Court for the Western District of Missouri. The Court found that the undisputed facts showed the plaintiff was largely at fault for the accident, and therefore, there was an open question of fact regarding the carrier’s liability to pay uninsured motorist coverage. The Court held there could be no vexatious refusal to pay as a matter of law.