Brooklyn judge sanctions insurance company for failure to follow ethics rules
An employee of an insurance company embroiled in a personal injury lawsuit was sanctioned $10,000 for an attempt to make contact with plaintiffs without the plaintiff’s attorney.
New York’s Code of Professional Conduct prohibits contact with a party to a lawsuit when it is known that an attorney represents the party. The “no contact rule” mandates that all communication be directed exclusively to the party’s attorney.
In the case of Miller v. Lewis, an employee of ACE America Insurance Company (ACE) violated the “no contact rule” when claims director Miriam Mosseri entered into a conversation with the plaintiffs while their attorneys were in the judges’ chambers discussing settlement negotiations.
In December 2008, a Duane Reade truck struck Shirley Miller, leaving her brain damaged with very limited communication skills. Miller and her parents filed suit against driver Henry Lowis and, via the doctrine of vicarious liability, his employer, Duane Reade. The case was initially assigned to Brooklyn Supreme Court Justice Arthur Schack. Schack recused himself from the case after a “Wanted” poster was found in his courtroom displaying a picture of a member of the defense counsel team. The case was subsequently reassigned to Brooklyn Supreme Court Justice Leon Ruchelsman.