David Henderson successfully argued to the trial court and appellate court that the liability insurance coverage available to wrongful death claimants under a garage liability policy issued by his client, an automobile dealership, was $12,500 instead of $1,000,000. The woman that caused the motor vehicle accident that caused the death of the plaintiffs' decedent was operating a motor vehicle owned by the automobile dealership. The crux of the case was whether the woman was provided with a dealership vehicle because she was a customer of the dealership or was simply a permissive user. The liability insurance coverage limit for a permissive user of a dealership vehicle who did not qualify as a "customer" was $1,000,000. Mr. Henderson established that the "customer" definition of the "who is an insured"; section of the garage liability policy applied to the woman because she was a buyer, purchaser, consumer, and/or patron of the dealership at the time the dealership provided her the vehicle while it repaired her vehicle.

David Henderson's client was granted summary judgment against the owner and operator of a motor vehicle that was struck in the rear by uninsured motorist. The plaintiffs, a woman and her husband, claimed entitlement to uninsured motorist coverage from the Mr. Henderson's client because their vehicle was listed at the time of the accident as a covered auto in a policy issued to the woman's grandparents Mr. Henderson was aggressive in discovery and obtained admissions from the claimants on the following facts: (1) the vehicle was not garaged at the grandparent's home at any relevant time; (2) the grandparents never garaged, owned or used the vehicle for any reason; (3) the grandparents did not have an insurable interest in the 1997 Pontiac Sunfire; (4) the claimants did not reside with the named insured grandparents on the date of the accident at issue. He then filed a motion for summary judgment in which he argued the plaintiffs were not entitled to recover uninsured/underinsured motorists coverage or medical payments coverage from the insurance carrier because they were not "named insureds" or "definitional insureds" under the policy at issue and the named insureds under the policy did not have an insurable interest in the vehicle operated and occupied by plaintiffs at the time of the accident. The trial court agreed and rendered summary judgment in favor of the insurance carrier.

David Henderson's client sustained left rotator cuff tendonitis with a possible superior labral tear, cervical strain/sprain, post traumatic vestibulopathy, cervicogenic post-traumatic headaches, vertigo and tinnitus. The client's medical bills totaled $13,958.51 Mr. Henderson obtained a significant judgment for the client by arguing that the client's medical bills would have significantly exceeded this amount had the client not lost his health insurance coverage shortly before the accident that financially prevented him from seeking further treatment.

David Henderson obtained a judgment in favor of a homeowners association and several of its members with regard to a claim brought by another homeowner within the development for damages due to the alleged trespass and wrongful removal of trees and shrubs..

David Henderson recently assisted a client with negotiating the terms of sale of a shopping center and preparing the necessary documentation for the transfer.

Our attorneys have also secured fair and reasonable settlements of numerous cases involving insurance issues, personal injury, property damage, contract disputes, real estate transfers, and probate & estate matters.