In keeping with VLA&S’s mission to pursue creative litigation strategies where appropriate, the firm recently resolved a Complaint for Breach of Contract, Negligence, Fraud/Concealment and Rescission without the assistance of formal discovery or the help of a Mediator/Special Master.
Following a site inspection, experts for both sides exchanged written scopes/costs of repair and agreed on the reasonable value of the repairs. Without admitting liability, VLA&S attorneys made a reasonable settlement offer which elicited a significant reduction in Plaintiffs demand.
After further compromise by both sides (which included Plaintiff waiving claims for attorneys fees, diminution in value, personal injuries and punitive damages), VLA&S attorneys worked with the participating insurance carriers to reach agreement on their respective contributions and to deal with the recovery of deductibles (in light of an early Armstrong Election). The result was quick and global resolution without incurring the expense of multiple mediations, formal discovery, or protracted litigation.