Brooklyn judge fines insurer for discussing case directly with plaintiff

An employee of an insurance company embroiled in a personal injury lawsuit was sanctioned $10,000 for an attempt to make contact with plaintiffs without the plaintiff’s attorney. New York’s Code of Professional Conduct prohibits contact with a party to a lawsuit when it is known that an attorney represents the party. The “no contact rule” mandates that all communication be directed exclusively to the party’s attorney. In the case of Miller v. Lewis, an employee of ACE America Insurance Company (ACE) violated the “no contact rule” when claims director Miriam Mosseri entered into a conversation with the plaintiffs while their attorneys were in the judges’ chambers discussing settlement negotiations.