Attorneys Monico & Evans Obtain Dismissal with Prejudice in Favor of Insurer

Attorneys Ralph Monico and Samuel Evans secured a dismissal with prejudice on behalf of an insurer after successfully intervening in a third-party tort action to contest a misstated loss of consortium claim. Before the intervention—and without the insurer’s knowledge—the plaintiff had entered into a settlement agreement with the defendants that strategically insulated a substantial portion of the proceeds from subrogation. This maneuver compromised the insurer’s statutory lien rights. The court’s dismissal not only invalidated the improper claim but also restored the insurer’s ability to pursue full recovery under its statutory lien.