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

May 19, 2016

Fred Valz and Melissa Bailey 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 where the policyholder failed to pay the initial premium associated with the policy.  We argued on behalf of the insurer that the policy was void from inception due to a failure of consideration, and no coverage was afforded for that reason.  The District Court for the Northern District of Georgia agreed and granted summary judgment in favor of our client, holding that the failure of consideration meant that no contract was created, and the insurer was not obligated to provide coverage, a defense, or indemnity for the accident.

Progressive Premier Ins. Co. of Ill. v. Dara Gibbs, et al., Civil Action File No. 1:15-CV-2662-TWT, 2016 WL 1557413 (N.D. Ga. Apr. 18, 2016).

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