KLRW PREVAILS ON BEHALF OF INSURER IN COVERAGE CASE

KLRW Prevails on Behalf of Insurance Company in Coverage Case Based on Assault and Battery Exclusion
September 14, 2020

Julia Talarick and Kathleen Devlin obtained summary judgment in favor of their client insurer against an insured in an alleged domestic violence matter. The Plaintiff alleged emotional and physical abuse, including an allegation that her then-boyfriend put his truck in reverse and backed-up over her, causing significant injuries. The defendant-insured boyfriend denied the allegations although he had pleaded guilty to third-degree aggravated assault. After oral argument on a motion for summary judgment, the Court found in KLRW’s client’s favor, declaring that the auto policy did not provide coverage to the insured based on the intentional act and crime exclusions. The Court also found that any claim for punitive damages was not covered. The Court further ruled that the defendant-insured boyfriend breached the notice provision of the policy and that placing the insurer on notice four years later was not “as soon as practicable” and was prejudice as a matter of law. Please contact Julia Talarick or Kathleen Devlin for additional information regarding these types of matters or coverage advice.