PHILADELPHIA – Litigation between a Montgomery County law firm and a Connecticut insurance company for allegedly not rendering payment for its services on 27 different cases has been dismissed.
Donnelly & Associates of West Conshohocken initially filed suit in the Philadelphia County Court of Common Pleas on Sept. 1 versus Aspen Specialty Insurance Co., of Rocky Hill, Conn.
The case was removed to the U.S. District Court for the Eastern District of Pennsylvania on Oct. 2.
“In February 2017, Donnelly commenced work for Aspen defending their insureds. Some of the insureds for which Donnelly provided service were bars and restaurants located within the City of Philadelphia. Donnelly worked defending Aspen’s insureds until approximately August 2017,” the suit says.
“During the time Donnelly performed legal services defending Aspen’s insureds, Aspen did not complain in any respect about the quality of the legal representation provided. During the time Donnelly performed legal services defending Aspen’s insureds, Aspen never informed Donnelly that Aspen had no intention of paying for the legal services provided by Donnelly.”
Donnelly says it worked on 27 different client matters for Aspen over a six-month period, but that Aspen failed to provide payment for these services, which totaled out to $87,512.
UPDATE
A stipulation of dismissal mutually signed by counsel for both parties was submitted on Oct. 22.
“Plaintiff Donnelly & Associates, P.C. and defendant Aspen Specialty Insurance Company hereby stipulate that the above-captioned action is dismissed with prejudice and without costs, and defendant consents to a motion to be filed by plaintiff solely for the purpose of requesting the redaction or sealing of the Notice of Removal filed in this matter,” the stipulation read.
The stipulation was approved by U.S. District Court for the Eastern District of Pennsylvania Judge Jan E. DuBois on Oct. 28.
Prior to dismissal and for counts of quantum meruit, breach of implied contract and breach of contract, the plaintiff was seeking damages including but not limited to legal due to defendant’s outrageous conduct, as well as any other costs or expenses which this Court deems just and proper.
The plaintiff was represented by Andrew Lapat of the Law Office of Andrew Lapat, in Haverford.
The defendant was represented by Patrick J. Hughes of Connell Foley, in Cherry Hill, N.J.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-04871
Philadelphia County Court of Common Pleas case 200802729
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com