The Law Office of Dwight M. Kealy

Individual Attention. Professional Service. 

 Thank you for visiting the Law Office of Dwight M. Kealy.

Success Stories:

 

Problem: A business seller was sued for breach of contract, misrepresentation, and fraud by the buyer of the business. The buyer wanted in excess of $60,000.


Resolution: The seller hired me.  We negotiated with the buyers.  When negotiations failed, we filed a counter-suit against the buyers.  We succeeding in getting the entire case dismissed without the seller having to pay the buyer anything.


Problem: A contractor was sued for over $200,000 and did not have insurance coverage because of a unique policy exclusion.


Resolution: Successfully represented the contractor in litigation and settled the case for 5% of the demand in the month before trial. 


Problem: An Insurance Agency's client filed a complaint with the Department of Insurance against the Insurance Agency because the client did not like the additional premium that came from an insurance company’s audit.

 

Resolution: Successfully represented the agency in getting the complaint dismissed.

 

Problem: An Insurance Agency's client sued the Insurance Agency because the insurance company placed through the agency denied a claim.  The client also sued the Surety Company that provided the agency's broker's bond.  The Insurance Agency’s E&O provided a defense for the Agency, but would not provide a defense for the Surety Company and the Surety Company required the Agency to defend the Surety Company due to the agency's indemnity agreement with the surety company.

 

Resolution:  The Surety Company appointed me as their counsel.  I filed a motion (demurrer) arguing that the Surety Company should be dismissed, filed a malicious prosecution claim against the client, and got the surety company dismissed a week before our first court hearing.

  

 

Problem:  Insurance Agency client filed a complaint with the Department of Insurance because the client did not like the payroll processing offered by the worker’s compensation company sold through the Agency.

 

Resolution: Successfully argued. . .and successfully argued again after the client appealed. . .and got the complaint dismissed.

 

  

Problem: Insurance Agency client’s attorney sent a demand letter saying that the insurance agency must pay over $25,000 because the Agency was “per se negligent” for selling an insurance policy that excluded property damage caused by much of the type of work that the client did.

 

Resolution: Successfully argued that the Agency was reasonable—and therefore not negligent—in its actions with the client.  Attorney stopped pursuing the $25,000.

 

  

Problem: Insurance Agency client filed a complaint with the Department of Insurance because the client’s insurance company went insolvent and he wanted the insurance agency to return all of his premium.

 

Resolution: Successfully argued that the Insurance Agency was not the proper target for the claim and got the complaint dismissed.

 

  

Problem: Insurance Agency client bounced a premium check paid to the insurance agency after coverage was bound.

 

Resolution: Worked with the District Attorney’s check fraud division and received court-ordered payments for the full amount of the bad check.

 

  

Problem: Insurance Agency client sent a demand letter saying that the agency should pay over $9,000 because the insurance company denied the claim.

 

Resolution: Successfully argued that the Agency was not responsible for the claim.  Client stopped pursuing the $9,000.

 

  

Problem: Worker’s Compensation Company sent a client an audit bill over $30,000 because it argued that the client’s independent contractors were really employees.

 

Resolution:  Successfully argued that the employees in question were really independent contractors, thereby eliminating the $30,000 audit bill.

 

Buy Books by Dwight M. Kealy:

Legal Concepts for Insurance Agent Ethics: How Agents Get Sued and Lose Their Licenses (85 Pages)

Paperback:

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Ebook:
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Understanding Named, Automatic, and Additional Insureds in the CGL Policy (88 Pages)

Paperback:

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Ebook:
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Understanding the Commercial General Liability Policy (316 Pages)

Paperback:

Support independent publishing: Buy this book on Lulu.
Ebook:
Support independent publishing: Buy this e-book on Lulu.