Elrod successfully defended Gamma Group, Inc. in a matter involving complex and novel issues concerning the contractual rights and responsibilities between reinsurers, insurance companies, and managing agents. “This matter presented the Court with many issues of first impression regarding the interpretation of reinsurance contracts, including the ‘follow-the-fortunes’ and ‘follow-the-settlements’ clauses.” explained Elrod attorney Brian A. Farlow. The matter, which was tried over several days, resulted in the rejection of many of the plaintiff’s claims.

“We developed an aggressive discovery plan that permitted us to build an evidentiary record that was the basis of our successful summary-judgment challenge to many of the plaintiff’s claims,” Mr. Farlow further noted. By the time of trial, many of plaintiff’s claims had been dismissed or withdrawn and the owners of Gamma, who had been named as individual defendants, had been dismissed from the suit.

David W. Elrod added that the exclusion and/or withdrawal of plaintiff’s experts played an important role in the litigation, “Much of the plaintiff’s case relied upon expert testimony, and by developing an in-depth understanding of the purported scientific basis for many of plaintiff’s damage theories, we were able to successfully challenge much of plaintiff’s expert testimony and evidence.”