Nicholas Malfitano Feb. 5, 2016, 11:42am


PHILADELPHIA – Plaintiff counsel in a motor vehicle accident insurance case are seeking settlement funds supposedly due them, through a contingent fee agreement associated with the action.

Marc I. Simon filed a motion to enforce settlement in this case on Dec. 3. On Sept. 18, all parties involved agreed to a settlement of $35,000. However, Simon claimed plaintiffs Ada and Naser Mashaqbeh have refused to sign releases associated with the settlement – thereby depriving plaintiff counsel of payment stipulated by the contingent fee agreement.

According to that agreement, plaintiff counsel was entitled to receive 33.3 percent of any financial recovery funds, secured through settlement or verdict, plus reimbursement of costs. If the Court were to request more information, Simon’s motion explained he would provide it through an in-camera discussion, so as not to breach attorney-client privilege.

A hearing in this matter was set for Thursday in Court chambers, at Philadelphia City Hall.

On Dec. 26, 2012, Ada was driving on Hunting Park Avenue with Naser as a passenger, when they reached its intersection with I Street. Fellow motorist Vincent Sample was driving behind the plaintiffs and his allegedly negligent driving caused a rear-end collision. The plaintiffs resolved claims with Sample and credited New York-based Praetorian Insurance Company with third-party limits of coverage.

The plaintiffs were covered by Praetorian and Sample’s insurance policy was insufficient to compensate them for their damages, so the plaintiffs then filed an underinsured motorist claim. They exhausted Sample’s policy limit of $15,000 per person, by settling for $14,500 and providing required credit of $15,000 to praetori.

The plaintiffs are seeking damages in excess of $50,000 but not in excess of $75,000, plus costs and other relief in this case.

The plaintiffs are represented by Simon of Simon & Simon, in Philadelphia.

The defendants are represented by Matthew J. Noble of Marshall Dennehey Warner Coleman & Goggin, also in Philadelphia.

Philadelphia County Court of Common Pleas case 140904155

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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