Marciniak, Erik v. Liberty Mutual Group, Inc.
On February 8, 2024, the Minnesota jury delivered a $364,158.79 verdict in favor of Erik Marciniak for the breach of contract committed by LM General Insurance Company.
Case Background
On August 1, 2022, Erik Marciniak filed a breach of contract lawsuit against his insurance company before the Minnesota State, Hennepin County, District Court. Judge Sullivan Rachna presided over this case. [Case number: 27-CV-22-11411]
Cause
Injury
Damages
Plaintiff Erik Marciniak sought judgment against Defendant Liberty Mutual as follows:
Firstly, he requested a declaration entitling him to receive underinsured motorists benefits from Defendant.
Secondly, he sought the reformation of Defendant’s policy to comply with the Minnesota No-Fault Automobile Insurance Act.
Thirdly, he requested a reasonable sum exceeding $50,000 dollars.
Additionally, he sought reimbursement for costs, disbursements, statutory pre-judgment interest, and any other relief deemed just and equitable.
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Erik Marciniak
- Counsel for Plaintiff(s): Zachary Robert Zellner | Peter E Lind
- Defendant(s): LM General Insurance Company
- Counsel for Defendant(s): Marc M Berg | James Curtis Selmer
- Experts for Defendant(s): Steven Moen, M.D. | Rajan Jhanjee, M.D
Claims
Plaintiff had the right to receive underinsured motorist benefits, defined in Minn. Stat. Section 658.49, from Defendant for his injuries. The Defendant’s failure to make payment constituted both a breach of their contract and a violation of Minnesota’s No-Fault Act § 658.49.
Defense
The Defendant denied all claims and asserted affirmative defenses. The Defendant stated that Plaintiff did not mitigate his damages. His claim may be partly or entirely barred due to his own comparative fault in the collision. Further, if Plaintiff did recover any amount from the lawsuit, Defendant had the right to offset Plaintiff’s recovery under Minn. Stat. Section 548.251, Minn. Stat. § 65B.51, or other relevant laws governing deductions and offsets.
Expert Testimony
Jury Verdict
On February 8, 2024, the Minnesota jury delivered a verdict in favor of the Plaintiff. The jury determined that the Plaintiff had sustained a permanent injury as a result of the accident. Accordingly, they awarded him $34,158.79 for his medical expenses, out of which $449 had been awarded for the diagnostic X-rays.
Additionally, $180,000 was awarded for past non-economic damages and $150,000 for future non-economic damages. Thus, a total of $364,158.79 was awarded to Erik Marciniak.
Court Documents:
Available upon request
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