Bond v. Giebel

*1341The O’Rourkes subsequently entered into an agreement with plaintiff (hereinafter the assignment agreement) pursuant to which they assigned to plaintiff their rights against Progressive and the O’Rourkes’ insurance broker, defendant HopmeierEvans-Gage Agency (hereinafter HEG).2 In exchange for such assignment, plaintiff agreed to pay the O’Rourkes 40% of any recovery that he received from Progressive in excess of $300,000. Plaintiff then commenced an action (hereinafter action No. 2) in April 2009, as assignee of the O’Rourkes’ rights, asserting, as pertinent here, a claim against Progressive…