Waldon, Adelman, and Castilla Prevail in Putative Class Action
Russell D. Waldon, Jonathan M. Adelman, and Hilliard V. Castilla prevailed on a motion to dismiss a putative class action against one of the nation’s largest insurers. The putative class representatives claimed that they were entitled to recover uninsured motorist coverage benefits equal to the amounts equal to the amount which their recoveries had been reduced due to medical payments coverages paid. In total, plaintiffs sought to recover in excess of $20,000,000.00. In support of the motion dismiss, Mr. Waldon and Mr. Adelman argued that the class failed to meet the condition precedent of obtaining a recovery against the uninsured motorists before proceeding against their uninsured motorist insurer. The U.S. District Court for the Northern District of Georgia agreed.