Malcolm Futhey III prevails on appeal and has nearly $3 million jury verdict reinstated

Posted by: Malcolm Futhey at  Monday, September 14, 2020

On September 11, 2020, the United States Sixth Circuit Court of Appeals ruled in favor of Malcolm Futhey III's client and reinstated a nearly $3 million jury verdict in favor of his client.  On November 20, 2018, Malcolm B. Futhey III obtained a $2.75 million jury verdict for his client John Falls against Hanover American Insurance Company. John Falls is the lead singer of the rock band Egypt Central. In November 2015, he was renting Studio B at the Tattooed Millionaire studio (formerly the House of Blues) in Memphis, Tennessee, when a fire occurred. John Falls had his own individual insurance policy for the equipment in Studio B and for his lost income. Although the studios were loaded with equipment and had been very successful, the studio’s owner (not Falls) submitted some false documents to the insurer. The insurance company denied the claims of John Falls as well as the owner and another tenant renting a separate studio, each of whom had his own individual policy. Hanover filed a lawsuit seeking to recover insurance benefits already paid and to impose an injunction against all three.  John Falls filed a counterclaim to recover the remaining $2.75 million owed under his insurance policy. The lawsuit went to trial in November 2018. The jury found that John Falls had committed no insurance fraud and that he was entitled to recover $2.75 million in insurance benefits as well as retain the $250,000 he had received earlier. Hanover American Insurance Company v. Tattooed Millionaire Entertainment, LLC, No. 2:16-cv-02817-JPM-tmp (W.D. Tenn. Nov. 20, 2018); Hanover American Insurance Company v. Tattooed Millionaire Entertainment, LLC, No. 19-5483 (6th Cir. Sept. 11, 2020). 

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