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Attorney Takes Hard Line to Gain Fee Tender and Favorable Settlement for Hertz
Attorney Takes Hard Line to Gain Fee Tender and Favorable Settlement for Hertz
July 12, 2010
Brian S. Mizell reached a favorable settlement for client, Hertz, in the matter of Mason v. Hertz. In that case, plaintiff sued Hertz as well as the driver of the Hertz rental vehicle. Mr. Mizell immediately tendered the matter to the driver under the provisions of the Hertz Rental Agreement. This agreement clearly states that the driver will defend and indemnify Hertz for any and all costs and attorney fees associated with defending the suit. The driver initially denied the tender without providing any reasons.
At the close of discovery, defendant filed a Motion for Summary Judgment against the plaintiff on the complaint. Plaintiff agreed to dismiss the case prior to the hearing in exchange for a waiver of costs. The defendant agreed, and then sent a demand letter to counsel for the driver demanding that Hertz be paid $10,625.27, as reimbursement for all fees and costs expended in the matter.
Counsel for the driver made a counter demand at $5,000. In response, Mr. Mizell called counsel to question negotiations as they clearly owed the total amount, and given that Hertz had sent several letters demanding that they defend the company. Due to counsel's inability to produce a response to the question, Hertz informed them that they had one week to pay the full demand or the company would raise the demand as it incurred more fees. One day prior to the expiration of the demand, Hertz received a call from counsel wherein he indicated that his client would be paying it in full.
