Subrogation Jury Verdict – September 28, 2021 – Amica Mutual Insurance Co. a/s/o Amy and Paul Loukadis v. BMW North America, Inc. – Case 6:16-cv-06749-DGL-MWP
After 7 days of trial in United States District Court – Western District of New York (Larimer, J.), Nelson E. Canter, who heads the Firm’s Insurance Subrogation Practice Group, and John Donovan III of Sloane and Walsh from Boston, Massachusetts, obtained a unanimous jury verdict of 8 jurors on behalf of Amica Mutual Insurance Company against BMW of North America, Inc. in the amount of $872,762.02 plus prejudgment interest for 6 and ½ years from the date of loss – April 11, 2015. The case involved the self-ignition of a 2011 BMW X3 while parked in the garage of the insureds’ home which burned the house down. Plaintiff alleged three counts: Negligent Manufacturing, Failure to Warn and Breach of Implied Warranty. The jury found for plaintiff on all counts.