Pennsylvania Record

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Phila. law firm seeks to recover legal fees from co. relating to prior litigation

By Jon Campisi | Aug 6, 2012

A Philadelphia law firm is attempting to recover more than $90,000 in legal fees from a

Colorado company it claims has failed to compensate the plaintiff stemming from a prior legal matter.

Attorney Jeffrey C. Sotland filed suit on behalf of the firm at which he is employed, Center City-based Mintzer, Sarowitz, Zeris, Ledva & Meyers LLP, naming as defendant Greenwood Village, Colo.-based Allvision.

The civil action was filed Aug. 2 at the Philadelphia Court of Common Pleas.

The complaint states that the law firm had been retained in July 2010 by counsel for Lexington Insurance Co., an insurance company for Insperity in accordance with its contractual relationship with Allvision, which was a client company of Insperity.

The plaintiffs were retained to represent the defendant in a prior lawsuit that had been filed in New Jersey’s Morris County Superior Court.

That suit was titled Gerald Mosca v. Allvision LLC et al.

The current civil action claims that the plaintiff performed “considerable work” for Allvision and was able to resolve various counts in the prior complaint with a settlement payment coming from Lexington Insurance Co., which provided coverage to Allvision via its contractual relationship with Insperity.

“Plaintiff did in fact perform legal services for the Defendant pursuant to the agreement in the underlying lawsuit through the discovery process and until another insurance carrier took over the defense of the last portion of the litigation,” the complaint reads.

The suit goes on to state that during the course of the prior litigation, Lexington resolved its covered claims and informed Allvision that it would be responsible for its own fees as of Oct. 10, 2011.

As of that date, the lawsuit claims, the plaintiff was compelled to continue to represent Allvision until it could remove itself from the litigation.

The suit claims that Allvision agreed to pay the plaintiff’s fees and costs, but that it has yet to make good on that promise.

“Despite Plaintiff’s demands for payment, Defendant has failed to pay Plaintiff most of its incurred legal fees and costs,” the lawsuit states. “Plaintiff has duly performed all of the services required of it and has complied with all conditions precedent to filing suit for fees in accordance with the State of New Jersey offering arbitration for the Defendant.”

The plaintiff demands judgment against the defendant in the amount of $90,041.68, which is the amount it claims Allvision owes it stemming from the prior legal action.

The law firm also seeks interest, costs of the current lawsuit and other court relief.


The case ID number is 120704578. 

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