Dallas Attorneys Prevail with a Take Nothing Defense Judgment for a Retail Insurance Agency in a $66 Million Claim

Dallas partner Michael Cedillo secured a defense judgment in favor of his client, a retail insurance agency, on a $66 million claim. The Thompson Coe trial team included appellate counsel from partner Gino Rossini and legal research from associate Ryan Owen.

We fought hard to tell our side of the story with the facts and supporting law. In the end, our client got the outcome it deserved.

— Michael Cedillo

Plaintiffs were trying to enforce by way of a turnover order a default judgment of $17.5 million against our client, which Plaintiffs argued should be trebled to $66 million with pre-judgment interest. The underlying judgment stemmed from an accident caused by one of the judgment debtors that was operating without permission an uninsured commercial vehicle while intoxicated. The accident resulted in two deaths and catastrophic injuries to others. The family members and survivors obtained a judgment of $17.5 million against the driver and the driver’s employer (judgment debtors).

Plaintiffs argued that the judgment debtors should have had insurance because the commercial auto policy was allegedly cancelled in error by the premium finance company or alternatively that the retail insurance agency should have allegedly procured replacement coverage after the cancellation. The retail insurance agency and the premium finance company vehemently denied Plaintiffs’ allegations. The premium finance company was represented by Sara Chelette, a partner at Lynn Pinker Hurst & Schwegmann.

The trial court agreed with Defendants and entered a take nothing defense judgment in favor of the retail insurance agency and the premium finance company. Our client said that Michael’s “expertise made the difference in preparation and the trial” and that he “worked tirelessly to prepare for all aspects of the trial.”