Another Vandeventer Black Victory

07/09/2015

Anne G. Bibeau, Esq., a partner with Vandeventer Black LLP, recently won summary judgment in an insurance defense suit. The plaintiff, an incapacitated adult, had been severely injured while in the care of defendant Community Direct Services, Inc. (CDS). The plaintiff petitioned for declaratory judgment that two insurance policies issued to CDS—one by Vandeventer’s clients, certain underwriters with Lloyds of London (“Certain Underwriters”), and the other by another insurer—provided coverage for plaintiff’s injuries. Our clients Certain Underwriters had issued their policy to CDS after the plaintiff’s accident. Because CDS had failed to disclose the accident when applying for the insurance policy, Certain Underwriters rescinded the policy when it was revealed that CDS provided false information on its insurance application. We moved for summary judgment on the basis that the policy was rescinded, and that even if the policy had not been rescinded, it would not provide coverage because several policy exclusions applied. The court granted summary judgment, holding that the known claims exclusion applied because it was undisputed that prior to the policy’s inception, CDS had received written notice from plaintiff’s counsel that plaintiff was about to file suit.

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