In September 2010, attorneys Daniel S. Weinstock and Carolyn M. Chopko secured a $1.375 million settlement on behalf of a child who died of hyperthermia after having been accidentally left in the rear seat of a minivan.
The child had been left in the back set of the minivan by the owner of the day care center responsible for his care. Liability in the case was fairly obvious from the start, and the biggest legal hurdles involved obtaining insurance coverage. There were three insurance policies in play, but with conflicting exclusions, and coverage was disclaimed under the largest policy based upon allegations of criminal misconduct on the part of the child’s care giver. Attorneys Weinstock and Chopko won summary judgment on the declaratory judgment action, and ultimately were able to recover every single penny of insurance coverage implicated in the claim.
At the insistence of the defendants, the names of the parties are being held confidential.