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Fred Valz and Melissa Bailey Obtain Summary Judgment in Declaratory Judgment Action

April 4, 2017

Fred Valz and Melissa Bailey recently obtained a ruling from the Northern District of Georgia granting summary judgment in favor of their insurer client in a declaratory judgment action.  The case sought a declaration as to whether the insurer was required to provide coverage, indemnity, or a defense under a homeowner’s policy for injuries caused as a result of a fight.  We argued on behalf of the insurer that the fight did not constitute an occurrence as defined by the policy, so no coverage was afforded therefor.  Granting summary judgment in favor of the insurer, the Court ruled that the insured’s participation in the fight was not without foresight or design and, for that reason, it did not constitute a covered occurrence.  Given that, the insurer was not obligated to provide coverage, a defense, or indemnity for the incident.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.