Everest National Insurance Company v. Shiftpixy Inc.
Published: Nov. 3, 2023 | Result Date: Jul. 12, 2023 | Filing Date: Dec. 16, 2020 |Case number: 8:20-cv-02362-HDV-KES Settlement – $800,000
Judge
Court
CD CA
Attorneys
Plaintiff
Sheryl W. Leichenger
(Selman, Leichenger, Edson, Hsu, Newman & Moore LLP)
Wendy M. Schenk
(Selman, Leichenger, Edson, Hsu, Newman & Moore LLP)
James R. Tenero
(Selman, Leichenger, Edson, Hsu, Newman & Moore LLP)
Defendant
Nicholas P. Roxborough
(Roxborough, Pomerance, Nye & Adreani LLP)
Vincent S. Gannuscio
(Roxborough, Pomerance, Nye & Adreani LLP)
Joseph C. Gjonola
(Roxborough, Pomerance, Nye & Adreani LLP)
Facts
Everest National Insurance Company (Everest) was the former workers' compensation insurance carrier for Shiftpixy Inc. On December 18, 2020, Everest brought a complaint against Shiftpixy Inc., alleging breach of contract. On February 5, 2021, the Company filed an Answer to Everest's complaint denying its claims for relief, and also filed a cross-claim against the third-party claims administrator, Gallagher Bassett Services, Inc., for claims sounding in breach of contract and negligence based upon its administration of claims arising under the policy.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant owed certain premium payments under a retrospective rated policy and sought damages of approximately $600,000.
DEFENDANT'S CONTENTIONS: Defendant denied all contentions.
Result
Stipulated judgment for plaintiff $800,000. The court dismissed the Company's complaint against Gallagher Bassett without prejudice to re-filing in another forum.
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