Wiggin and Dana Partner Jonathan Freiman Wins Reversal in Eleventh Circuit Appeal for Insurance Company
Twin City filed a complaint against its insured, the law firm of Hartman, Simons & Wood LLP ("Hartman Simons"), seeking to recoup some or all of the $10 million that it paid on behalf of the law firm to settle a professional malpractice claim asserted by the Bank of North Georgia. The U.S. District Court for the Northern District of Georgia dismissed Twin City's complaint and then denied the motion for reconsideration of the dismissal.
Twin City appealed, arguing that it was an error to conclude at this stage that the lawsuit was barred by two affirmative defenses: waiver and voluntary payment. The Eleventh Circuit agreed, reversing the decisions below and remanding for the case to continue to the merits.
Jonathan M. Freiman, Chair of Wiggin and Dana's Appellate and Complex Legal Issues Practice Group, represented Twin City in the appeal, with senior associate Tadhg Dooley.