News

September 18, 2009

Judge takes self off injury award

Lawyer for Hartford Fire Insurance made request because he said Toole had conflict.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter

WILKES-BARRE – Luzerne County Judge Michael Toole has recused himself from a civil case in which his impartiality had been questioned due to a financial relationship he once had with one of the attorneys in the case.

Michael Blazick, attorney for Hartford Fire Insurance Co., filed a motion in March seeking Toole’s recusal from an appeal of a $2.9 million uninsured motorist award that had been issued in favor of Charles Davis.

Davis, an employee of Keystone Automotive, was injured in a car crash while on the job.

Blazick argued Toole had failed to notify the insurance company that he had a financial relationship with the plaintiff’s attorney, John Nardone, when the attorneys appeared before Toole regarding a motion Hartford filed to dismiss the case.

Toole, who has served on the bench since 2004, listed Nardone’s law office as a source of income on annual statements of financial interest he filed with the state in 2004 and 2005. The statements do not detail what that relationship entailed.

Blazick and Nardone appeared before Toole on Oct. 28, 2008, to argue the dismissal motion. Blazick said at the time of that hearing he was not aware Toole and Nardone had a financial relationship. That relationship “provides a basis upon which Judge Toole’s impartiality can be reasonably questioned,” Blazick said in the recusal motion.

Toole issued an order on Aug. 25 granting the motion. The order does not state the judge’s reasoning. He could not be reached for comment Thursday.

The Hartford case centers on a dispute over whether Keystone Automotive carried uninsured motorist coverage, which allows a person injured by an uninsured motorist to recover damages from their own insurance company.

Hartford contends Keystone Automotive rejected that coverage, but Nardone maintains the wavier signed by a company representative contained a technical defect.

Over Hartford’s objections, the case was allowed to go to an arbitration panel in 2007, which ruled in Davis’ favor. Hartford has continued to appeal the ruling.

It filed a court action asking a judge to make a legal determination of whether coverage existed.

Toole’s recusal means the case will now be assigned to another county judge, who will make that determination.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.

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