Summary Judgment for Insurer in Auto Coverage Case
Fred Valz obtained summary judgment in favor of an insurance company in a declaratory judgment action in federal court stemming from a 2011 automobile accident. The at-fault driver and his father sought coverage for the accident under an auto policy as well as a homeowner’s policy. Mr. Valz successfully argued that the driver was not an “insured person” as defined by the auto or homeowner’s policies, the driver’s father was not an “insured person” as defined by the auto policy in relation to the accident, and the homeowner’s policy did not cover liability stemming from automobile accidents or negligent entrustment of an automobile. Accordingly, the court ruled that the insurer had no duty to defend or indemnify the driver or his father in the underlying tort lawsuit.