Both sides hopeful after judge’s ruling in Brown & Brown case
[Ex-Brown & Brown execs refute 'betrayal' accusations]
[Ex-Brown & Brown execs sue former employer]
Brown & Brown in October sued its former retail division chief financial officer
Judge
--The alleged breaching of Tinsley's fiduciary duties to Brown & Brown that the insurance giant said resulted in damages to the company;
--The accusation that
--The accusation that
Tinsley, the only individual named as a defendant in Brown & Brown's lawsuit, is chief administrative officer at
Lydecker, a former regional president for Brown & Brown, left in
In issuing her ruling, Case also explained that her review of the legal dispute was "limited to whether the complaint alleges sufficient facts to state a cause of action.
"The court's consideration of a motion to dismiss does not allow for any speculation as to the veracity of the facts or whether they will be proved at trial," she wrote.
Attorneys representing Brown & Brown,
"The case is going forward," the
"Motions to dismiss are very hard to win. To have the majority of the claims dismissed at this early stage is a very good sign," Gassenheimer said.
"On a motion to dismiss, prior to discovery, the law is that the court must accept all of the allegations that Brown & Brown claims are true. It can't speculate," he said.
"We're confident that once we get into discovery and the true facts come out that we will prevail," Gassenheimer said.
Brown & Brown has 20 days to file an amended complaint.
The next step after that would be for both sides to enter the legal discovery stage, including the gathering of documents and sworn statements.
Barring an out-of-court settlement, the case would then proceed to a jury trial.
Brown & Brown is no stranger to suing rival companies started by former executives.
In 2017, Brown & Brown won what was hailed at the time as an insurance industry record high
Henderson told The News-Journal following the settlement that the deal was worth it because it did not require his company to admit guilt and allowed it to focus on its own growth.
Today,
Brown & Brown, led by CEO
Ingram, the attorney for Brown & Brown, said of the judge's preliminary ruling, "We feel like we'll get a fair result at the end of the day. It's part of the process."
Gassenheimer, the attorney for
"We're grateful that the judge carefully considered the papers and was thoughtful about her ruling," he said.
___
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