After handling literally thousands of cases across the country, and completing well over 100 jury trials (with only 3 losses ever), Matthew continues to bring innovation to the practice of insurance law and to courtroom presentations.
United States Supreme Court:
Wagner-Meinert, Inc. v. EDA Controls Corp., Case No. 07-632 (2007) Petition for Certiorari denied in subrogation recovery case involving industrial loss with successful verdict in favor of our client Atlantic Mutual Insurance (subrogation recovery) of $2,500,000.00 plus interest.
United States Tenth Circuit Court of Appeals:
Boardwalk Apartments, L.C. v. State Auto Property and Casualty Insurance Company,
Case No: 15-3070; decided March 14, 2016. Order Reversing and Remanding for a new trial the jury verdict against State Auto in the amount of $6.5M plus attorney fees. Issues presented include the policy co-insurance provision law and ordinance policy provisions. Note: case assigned for handling of appellate matters after jury verdict.
United States Sixth Circuit Court of Appeals:
Smith v. Allstate Indem. Co., 304 Fed. App. 430 (6th Cir. 2008). Affirming jury verdict in favor of Allstate involving issue of material misrepresentation in fire loss claim and summary judgment dismissing bad faith claim.
Aubin Indus., Inc. v. Jeffrey Smith, 2008 Fed. App. 0721N (6th Cir. 2008). Affirming order of dismissal in commercial litigation claim involving trade secrets and non-compete agreements.
Jahn v. Equine Servs., PSC, 233 F.3d 382 (2000). First case decided by 6th Circuit involving application of Daubert standard in civil litigation in action involving veterinary negligence claim for death of world-champion show horse.
United States District Courts:
Boardwalk Apartments, L.C. v. State Auto Property & Casualty Insurance Co. U.S. Court of Appeals for the Tenth Circuit (Denver); Appeal No: 15-3070. Commercial fire loss arising in Kansas. Assumed case for purposes of appeal addressing issues of constitutional due process and improper evidentiary and motion rulings by the trial court.
State Auto. Property & Casualty. Ins. Co. v. Larkin et al., No. 4:12CV1853-HEA (E.D.Miss. Oct. 6, 2014). Major residential fire loss investigation case involving material misrepresentation and allegations of vexatious refusal to play claim. Multi-week jury trial resulting in full defense verdict in favor of insurance carrier.
Playa Del Mar Assoc. v. Hartford Steam Boiler Inspection & Ins. Co., No. 0:11-cv-60377 (S.D. Fla. Jun. 11, 2012). Litigation arising from the 2005 occurrence of Hurricane Wilma asserted by one of the largest condominium buildings in Florida. Allegations included failure to properly investigate the loss, failure to pay the claim in full and assertions of bad faith. Case proceeded to jury trial in April, 2012 and plaintiff accepted a settlement for a small fraction of what had been offered prior to trial after cross-examination of only two of plaintiff’s trial witnesses.
John Walker, et. al. v. Philip Morris, U.S.A., Inc. et.al., Cause No.: 3:08-191-S, Appealed to the United States Court of Appeals for the Sixth Circuit (Case No. 09-5318) and remanded. U.S. District Court dismissed in full all claims against all defendants in one of America’s most deadly residential fires resulting in the deaths of ten family members in a 2007 house fire in Bardstown, Kentucky.
Smith v. Allstate Ins. Co., 2007 U.S. Dist. LEXIS 95674 (June 11, 2007).
Smith v. Allstate Ins. Co., 2006 U.S. Dist. LEXIS 93998 (Dec. 29, 2006). Jury verdict in favor of insurer in case involving arson and material misrepresentation and court granting of summary judgment on bad faith claims.
Bollack v. Allstate Indem. Co., 2008 U.S. Dist. LEXIS 33828 (April 24, 2008). Bollack v. Allstate Indem. Co., 2008 U.S. Dist. LEXIS 38783 (May 13, 2008). Successful resolution of claims involving residential fire losses for amount tendered by insurer.
Ohio Supreme Court:
Clark v. Scarpelli, 91 Ohio St. 3d 271 (2001). One of the key Ohio cases defining allocation and set-offs involving UM/UIM claims in wrongful death and injury actions.
Kentucky Supreme Court:
State Farm Mutual Automobile Insurance Company v. Roniesha Adams f/k/a Roniesha Sanders and Roniesha Adams, as Mother and Guardian of B.A., a Minor Child, Supreme Court of Kentucky, Case No. 2015-SC-000366-D. Amicus Curia on behalf of the Coalition Against Insurance Fraud and the National Insurance Crime Bureau (NICB).
Texas Supreme Court:
Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, Allstate County Mutual Insurance Company, And Allstate Fire & Casualty Insurance Company, Petitioners v. Rehab Alliance Of Texas, Inc. D/B/A Steeplechase Family Healthcare And Steeplechase Pain Management & Surgical Associates, Sheila Smith F/K/A Sheila Goyer, Dennis Smith, D.C., The Diagnostic & Injury Center Of Houston, L.L.C., AND Ihsan Shanti, M.D., Respondents, Supreme Court of Texas, Case No. 15-0426. Amicus Curia on behalf of the Coalition Against Insurance Fraud.
Miscellaneous Appellate Court decisions:
United Ohio Co. v. Bird, 2001 Ohio App. LEXIS 2410 (5th Dist. May 18, 2001). Affirmation of summary judgment awarding contribution and indemnification of insurance payments in wrongful death claim for UIM benefits.
Pursley v. MBNA Corp., 2007 Ohio 1445 (8th Dist. 2007). Key appellate court decision affirming fellow employee immunity award of summary judgment when injured plaintiff and defendant worked for separate divisions of corporate entity.
Combs v. Black, 2006 Ohio 2439 (10th Dist. 2006). Affirmation of summary judgment in favor of Owners Insurance addressing issue of when a motor vehicle is “used in your business” in a wrongful death case with damages exceeding $2.0 million.
Jeff & Tracy Yazell v. Foremost Insurance Company, 2005 WL 2899326 (consolidated appeals). Cert. denied by KY Sup. Ct. (2005 SC-000956-D). Affirmation on all issues of jury verdict in favor of insurer on arson fire defense and material misrepresentation including all claims for bad faith, violations of Unfair Claims Practices Act and Daubert challenge to plaintiffs’ expert.
State of Illinois ex rel. Jocelyn Zolna-Pitts v. ATI Holdings, Inc., Appellate Court of Illinois First Judicial District, Case No. 14-0520. Amicus Curia on behalf of the Coalition Against Insurance Fraud.
Trial Court Decisions:
Mr. Smith has jury triedin excess ofone hundred cases with successful results of defense verdicts, or verdicts less than the amount offered prior to trial, in all but three cases in his career. These cases span the fields of personal injury, including traumatic brain injury cases, to incendiary fire and material misrepresentation and commercial and construction litigation matters. Specific jury verdict information is available to any law firm client upon request.
Case links are provided below for ease of reference:
Smith v. Allstate Indem. Co., 304 Fed. Appx. 430 (6th Cir. 2008)
myTriggers.com, Inc. v. Hartford Cas. Ins. Co., 2009 U.S. Dist. LEXIS 14741 (Feb. 18, 2009)
Aubin Indus., Inc. v. Jeffrey Smith, 2008 FED App. 0721N (6th Cir. 2008)
Wagner-Meinert, Inc. v. EDA Controls Corp., 2007 FED App. 0149N (6th Cir. 2007)
Jahn v. Equine Servs., PSC, 233 F.3d 382 (2000)
Smith v. Allstate Ins. Co., 2007 U.S. Dist. LEXIS 95674 (June 11, 2007)
Smith v. Allstate Ins. Co., 2006 U.S. Dist. LEXIS 93998(Dec. 29, 2006)
Wagner-Meinert, Inc. v. EDA Controls Corp., 444 F. Supp. 2d 800 (2006)
Clark v. Scarpelli, 91 Ohio St. 3d 271 (2001)
United State Co. v. Bird, 2001 Ohio App. LEXIS 2410 (5th Dist. May 18, 2001)
Pursley v. MBNA Corp., 2007 Ohio 1445 (8th Dist. 2007)
Combs v. Black, 2006 Ohio 2439 (10th Dist. 2006)