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Summary Judgment in a Declaratory Judgment Action

May 24, 2010

Charlie McDaniel obtained summary judgment in a declaratory judgment action filed in the USDC for the Southern District of Georgia, Savannah Division. The Court ruled the insurer was not obligated to provide a defense or indemnification under a homeowner’s policy and an umbrella policy, for a suit filed against the insured arising out of the sale of a house. The Court determined certain allegations contained in the complaint did not arise as a result of an occurrence, and thus coverage was not afforded. Additionally, for the remaining allegations, the policy’s business activities exclusion barred coverage.

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