Summary Judgment in Declaratory Judgment Action on Behalf of Insurer
Mike Ethridge and Robert Hawk obtained summary judgment on behalf of an auto policy insurer in a declaratory judgment action in federal court. The lawsuit arose out of an accident in which the driver of the insured’s vehicle was intoxicated and caused a car accident which resulted in significant injuries to a third party. In the declaratory judgment action filed by Mike and Robert, they argued that the driver did not have permissive use of the insured vehicle and as such no insurance coverage should be available for the driver. Despite a number of contested facts, the Court agreed with Mike and Robert’s arguments and granted summary judgment on the insurer’s behalf.