Summary Judgment in Insurance Coverage Dispute Saves Insurance Client

Steve Johnson and Chris Dunsing were retained shortly after an automobile accident resulting in the death of a pedestrian, multiple other personal injuries and several property damage claims caused by a driver alleged to be under the influence.  The driver was the son of the vehicle owner and had his own vehicle, but he chose to drive his mother’s car on the date of the incident.  After reviewing the mother’s policy and the policy for the son’s vehicle, Steve and Chris recommended that the insurance carrier deny coverage and file a declaratory judgment action seeking to affirm that the mother’s policy did not provide coverage for the accident at issue.  After deposing the driver at the jail where he was awaiting trial and the mother of the driver, Steve and Chris prepared a motion for summary judgment and successfully argued that there was no coverage available under the mother’s policy of insurance.  The highly contested matter was litigated by the attorney for the estate of the pedestrian who was tragically killed in the accident.