Bailhe v. Mercury Casualty Co.
On February 27, 1998, Jacques Bailhe and Jason Brenna had an automobile accident. In December, Bailhe sued Brenna for property damage. Brenna's insurer, Mercury Casualty Company, retained counsel for Brenna (Marc Levine) and provided a defense.
Before trial, Mercury sent Bailhe two checks, one in June 1998 for $4,712.01, the other in November 1998 for $3,960. The November check had a box with the following notation: IN FULL SETTLEMENT OF P.D. CLAIMS ARISING OUT OF AN INCIDENT ON FEBRUARY 27, 1998
On August 22, Judge Marcus heard argument on the order to show cause he had issued, then told the lawyers he thought it ought to be heard by Judge Taylor. On October 29, the order to show cause was heard by Judge Taylor, who on November 20 issued an order imposing monetary sanctions against Mercury (not Brenna or Levine), as follows: "After reviewing the papers submitted, and hearing oral argument of counsel, the court determined that Mercury . . . did not comply with the court's judgment dated June 29, 2001. As a result, sanctions shall be awarded against Mercury in the amount of $5,000, to be paid to [Bailhe], and sanctions in the amount of $1,000 to be paid to the court . . . ." The sanctions were paid as ordered.
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