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Jury Trial Determines Plaintiff’s Claims ‘Frivolous’, Rules in Favor of Defendant Brownstone Exploration & Discovery Park, LLC

SALT LAKE CITY – It took less than three hours for a jury to decide that a claim filed against Brownstone Exploration & Discovery Park in Portland, CT was “frivolous,” and “not supported by the evidence,” according to representatives of Claims Direct Access (CDA), which consulted on the case.

Ultimately, that jury would rule in favor of the adventure park, which had been sued by an individual claiming headaches, dizziness and vision problems after riding the park’s drop zipline in 2015.

The plaintiff had originally demanded a pre-trial settlement of $375,000 for damages in the case (Davies v Brownstone Exploration & Discovery Park, LLC, docket no. HD2 HHD CV 17 60789005). But Claims Direct Access (a Prime Insurance Company), which originally made an offer of $10,000 to compromise, ultimately pushed for the case to go to a jury.

During the two-week trial, evidence demonstrated that the drop zip line was not inherently dangerous, and the plaintiff “did not follow the verbal directions or the directions posted by the ride,” said David McBride, Executive Vice President & Corporate Attorney for CDA. Furthermore, McBride said the plaintiff was forced to admit under cross-examination that her own ophthalmologist related her vision problems to her job and not to the incident.

“Our team was steadfast in its belief that the plaintiff’s argument was not reasonable on a variety of levels,” McBride said. “We were by our client’s side throughout the trial, demonstrating our unique partnership approach to claim handling. In cases like this, it can lead to great results.”

Claims Direct Access (CDA) manages claims within the specialty liability and admitted marketplace. Since 1994, CDA has resolved over 70,000 claims in all 50 states, U.S. Virgin Islands, British Virgin Islands, Guam, and Puerto Rico. In addition to excess and surplus lines expertise, the CDA team has decades of experience in providing claims services to Alternative Risk Groups, Associations, and Captives.

For more CDA “Success Stories,” see claimsdirectaccess.com


rick lindseyAuthored by Rick J. Lindsey, CEO, President, and Chairman of Prime Insurance Company

Rick J. Lindsey hails from Salt Lake City, Utah. He began working in the mailroom of his father’s Salt Lake City insurance firm, getting his introduction to the business that became his lifelong career. Lindsey quickly rose through the ranks while working in nearly every imaginable insurance industry job. As an entrepreneur, specialty lines underwriter, claims specialist, risk manager, and a licensed surplus lines broker, Rick Lindsey is highly skilled in all levels of leadership and execution. As he progressed on his career path, Rick discovered an urgent need for insurers willing to write policies for high-risk individuals and businesses. He was frequently frustrated that he could not provide the liability protection these entities desperately needed to safeguard their assets. He also formed the belief that insurance companies acted too quickly to settle frivolous claims. Lindsey decided to try a different approach. He started an insurance company and became the newly formed entity’s CEO. This opportunity has enabled Rick to fill a void in the market and provide a valuable service to businesses, individuals, and insurance agents who write high-risk business. Prime Insurance also specializes in helping individuals and businesses who live a lifestyle or participate in activities that make them difficult for traditional carriers to insure. If you’ve been denied, non-renewed, or canceled coverage, don’t give up quite yet. Chances are Prime Insurance can help.

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