Skufca Law recovers $2.1 Million on clients’ claims for breach of an indemnification & duty to defend agreement.
The Honorable Judge Susan C. Rodriguez Ordered that Skufca Law clients Front Row Motorsports & Owner Bob Jenkins (Plaintiffs) recover $2.1 Million on their claim for breach of an indemnification agreement.
Skufca Law stayed the course despite every attempt by the Defendants since 2017 to be released from their obligations both in NC and VA courts before the final trial here in the United States District Court for the Western District of North Carolina.
The Court sided with Skufca Law’s position for their long-time time clients and rejected all of the Defendants’ purported defenses and arguments that sought to render the indemnification contract unenforceable. The Court held that the contract did not violate public policy, was supported by adequate consideration, and dismissed the Defendants’ Counterclaim for Declaratory Judgment.
In the Order, the Court held the Defendants breached their contractual indemnification and defense obligations owed to the Plaintiffs. The Court further held that Defendants had adequate notice of the third-party claims that were brought against Plaintiffs, that Plaintiffs demanded that Defendants defend and indemnify Plaintiffs, that Defendants had an opportunity to be heard, that Plaintiffs faced potential liability to the third-party claims, and that Plaintiffs entered into a reasonable good-faith settlement to resolve the third-party claims. As a result, the Court Ordered the Defendants to pay Plaintiffs back for the full $2.1 million that Plaintiffs paid to settle the third-party claims.
Plaintiffs Front Row Motorsports, Inc. and Robert A. Jenkins are represented by Ron Skufca, Daniel Trimmer, and Alexia Martin of Skufca Law, PLLC. The case is Front Row Motorsports, Inc. et. al. v. Michael DiSeveria et. al., no. 3:22-cv-138-SCR (W.D.N.C. 2023).