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Molosky & Co. Secures No-Fault Judgment and Attorney Fees

12/31/12 | Molosky & Co. triumphed after a seven day jury trial for overdue No Fault benefits securing a judgment exceeding $41,000.00. Additionally, on February 28, 2013, the Judge issued his Opinion and Order granting Plaintiff attorney fees of $187,834.25 and costs of $3,860.90, as a result of the insurance company's unreasonable delay of payment.

Our client, a barrier free residential contractor, constructed a barrier free home for a man catastrophically injured in an auto accident. Under Michigan’s No Fault Act, an insurance company is obligated to pay for the medically necessary home accommodations. Prior to completion of construction, the catastrophically injured man passed away. Under an Accord and Satisfaction agreement, the insurance company retained ownership of the home and agreed to complete the home construction.

Our client completed the work and presented the insurance company with the Certificate of Occupancy and an invoice for final payment due. The insurance company refused to make full payment, presenting a short punch list of items. The additional items were taken care of, but in the meantime, severe weather and heavy rains resulted in an unexpected power outage, flooding of the property and subsequent moisture and mold damage. The insurance company further enlisted the services of our client to perform water abatement/remediation work, and once again, failed to fully compensate our client.

Molosky & Co. conducted numerous depositions; prepared multiple discovery requests; reviewed thousands of pages of documents; and argued many motions, including three motions to compel (receiving Court-ordered attorney fees twice). Molosky & Co. prevailed after a seven day jury trial where eighteen witnesses testified and the Court admitted approximately ninety exhibits.

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