Boyd & Jenerette Wins Summary Judgment in Coverage Action
December 13, 2016 by boydjenerette on News
Boyd & Jenerette’s insurance coverage team obtained summary judgment on behalf of a major insurance carrier in an action for declaratory relief. The action was brought by attorneys Jane Anderson and Randy Dow in the United States District Court for the Southern District of Florida. The central issue in the coverage action was whether a named insured on an umbrella policy could qualify for “family member” coverage in connection with a fatal automobile accident.
The Defendants in the action argued that a husband and wife, who were each named insureds on the policy, also qualified as “family members” of a named insured. If successful, the Defendant’s argument would have allowed the husband and wife to obtain coverage for automobiles which were never added to the umbrella policy and for which they had never paid any premiums.
Anderson and Dow persuaded the court that such a result was not only unjust, but in conflict with the language of the policy and the definition of “family member” contained in the policy.
Shareholder / Practice Group Leader
Randy R. Dow
Partner / Practice Group Leader