Jenner & Block

Jenner & Block Team Successfully Defeats Two Motions for Summary Judgment for Client Maximus

Jenner & Block successfully defeated two motions for summary judgment filed against the Firm’s client, Maximus, by Axis Insurance Company, in a $10 million insurance coverage dispute. The Jenner & Block team includes Partners Matthew L. Jacobs and Michael K. Lowman and Associate Adam Unikowsky. While either motion would have ended the case, on April 20, Judge Brinkema, of the Eastern District of Virginia, found that fact issues prevented the entry of summary judgment, and also ruled that the legal definition of “damages” that Maximus was “legally required to pay” included over $15 million of forgiven invoices that Maximus was forced to forego in the underlying settlement for which the client is seeking coverage. The second motion for summary judgment was filed on the Tuesday before the hearing on the first motion, which was scheduled for that Friday. The Court ordered Jenner to respond within 48 hours so that both motions could be heard at the same time. Mr. Lowman and Mr. Unikowsky generated the draft opposition to the second motion, which was argued by Mr. Jacobs only 24 hours later. The case is now scheduled for trial on August 13, 2012 after another 60 days of discovery.