No Cause of Action
No Cause of Action and finding Plaintiff committed fraud.
Karen W. Magdich and Magdich law were recently successful in obtaining a no cause of action and a finding that Plaintiff committed fraud in a jury trial in front of Judge Fresard. This matter had been previously tried, but the trial court refused Defendant's request for a fraud jury instruction and a fraud question on the verdict form. Defendant appealed and the Court of Appeals agreed with Defendant that there was ample evidence of fraud for the jury to be given a fraud instruction as well as a question of whether Plaintiff committed fraud on the verdict form. On remand, Defendant was successful in proving to the jury that Plaintiff had committed insurance fraud and that there was no coverage under the policy.