KLRW PREVAILS ON COVERAGE CASES

Kathleen Devlin Moderated Seminars on Insurance Law and the Cannabis Industry and Insurance Coverage and COVID-19 Losses
June 5, 2021

Julia Talarick obtained summary judgment in favor of their client insurer against an insured in a motor vehicle property damage case. The Plaintiff-owner sued the alleged tortfeasors who then filed a third party action against plaintiff’s wife who was driving the vehicle. The alleged tortfeasors claimed that plaintiff’s wife caused the accident. The plaintiff tendered his wife’s defense to the client insurer who agreed to defend subject to a reservation of rights to disclaim coverage based on the Policy’s A.2. exclusion that excluded coverage for property damage to property owned or used by or in the care of an insured. The insurer instituted a declaratory judgment seeking a judgment as to the exclusion’s applicability. After oral argument on a motion for summary judgment, the Court found in KLRW’s client’s favor, declaring that the insurer had no duty to defend or indemnify plaintiff’s wife as plaintiff had been paid for his damages under the collision part of the policy. Please contact Julia Talarick for additional information regarding these types of matters or coverage advice.