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KELLY SIMPKINS AND KEVIN ROGERS OBTAIN $3,274,236.25 JUDGMENT

On November 28, 2017, Kelly D. Simpkins and Kevin A. Rogers obtained a judgment for their client in the amount of $3,274,236.25.  Kelly and Kevin represented an insurer in an action to recover $2,537,298.72 in chargebacks owed by the Defendant agents.  Defendants had sold 29 policies for insurer earning millions in commissions.  However, all 29 of Defendants policies were surrendered resulting in chargebacks.  The Defendants refused to pay and insurer sued in Federal Court in Tennessee.  Defendants also counterclaimed alleging that insurer had failed to disclose the potential risks and perils of selling the product using premium financing.  The Court granted insurer’s summary judgment motion both with regard to its claim for chargebacks and dismissal of the counterclaim.  The Court awarded the insurer the full amount of chargebacks, interest, and attorney’s fees and expenses.

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