Attorneys successfully obtained a reversal of a trial court decision declaring that the claimant was entitled to coverage under a policy of insurance issued by a large insurance company
Attorneys successfully obtained a reversal of a trial court decision declaring that the claimant was entitled to coverage under a policy of insurance issued by a large insurance company. The insurance policy contained a step-down provision, reducing the coverage available. The plaintiff argued that the Scutari Gill Amendment enacted by the state’s legislature was entitled to retroactive effect, thereby precluding enforcement of the step-down provision. The appellate court disagreed, concluding that the step-down provision could not be given retroactive effect.