David L. Taylor and Audrey L. Smith obtained a summary judgment order in favor of its client on a property coverage claim made by a policyholder. The claim involved a property claim for damage to a building and an exterior concrete barrier wall which were damaged by a drunk driver who failed to stop at a stop sign, drove through the concrete barrier wall and into the commercial building where the Plaintiff’s business was operated. The commercial property was owned by a family trust. Family members were shareholders and officers of the corporation which operated a medical device business in the building. A written lease between the President of the company and his wife to the corporate tenant operating the business in the building was never assigned to the trust. No lease existed between the trust and the tenant. The Kosciusko County Court ruled that because the tenant had no financial interest in the building and concrete barrier wall it could not recover for damage to the same. The policyholder argued that it had a financial interest in the building and concrete barrier wall due to its leasehold interest which was sufficient to satisfy the payment condition in the policy requiring a financial interest in the property to receive proceeds for damage to the building and concrete barrier wall. The insurer argued that this economic interest in the use of the building did not rise to a level of financial interest as required by the policy. The court found there was no valid leasehold interest. The court held that the insurer owed only personal property/contents coverage for the corporate tenant’s property damaged in the accident.
David L. Taylor and Audrey L. Smith obtained summary judgment in a property claim involving a garage at a residence based upon the failure of the insured to produce a timely sworn Proof of Loss and based upon its failure to secure the property against further loss after loss.
David L. Taylor and Audrey L. Smith obtained summary judgment as to no coverage for a worker’s compensation claim where the owner/employee failed to comply with Indiana’s opt-in statute by providing written notice to the Indiana Worker’s Compensation Board and worker’s compensation insurer of his election to be treated as an employee for purposes of worker’s compensation coverage even though the insured claimed to have notified the agent of such an election. The Court ruled that without strict compliance with the election statute, evidence of oral communication was insufficient to trigger coverage.
David L. Taylor and Jonathon “Yogi” Snider obtained voluntary dismissal of a lawsuit concerning priority of automobile liability insurance coverage in favor of a car dealership’s insurer arising out of property damage to a loaner vehicle operated by a customer.
David L. Taylor and Jonathon “Yogi” Snider obtained a dismissal of a civil action arising out of the subrogation claim based upon forum non-convenience and Trial Rule 12(b)(6) for failure to state a claim upon which relief can be granted.
David L. Taylor and Misti Presnell DeVore obtained summary judgment in favor of an insurer on issues of liability coverage in a complex and massive environmental claim involving claims by IDEM, public municipalities and private parties against named insured and its principals for a variety of contaminants at former auto parts and car crushing operation. Issues involved notice, cooperation, breach of duty to defend, who is an insured, insured designation. Summary judgment was granted in favor of the insurer. Partial summary judgment on policy defense estoppel based upon failure to defend was denied.
David L. Taylor and Misti Presnell DeVore successfully represented an insurer in a coverage trial wherein the court found there was no liability coverage for disparagement and defamation related to the unauthorized receipt and display of cable television signals.
David L. Taylor and Misti Presnell DeVore obtained summary judgment on bad faith and punitive damages in an environmental coverage action involving lost policy and timing of loss issues.
David L. Taylor and Jerry M. Padgett obtained a favorable settlement at mediation in a premises liability/dram shop action on behalf of an insurance adjuster who was an injured by the combination of the conduct of intoxicated patron and drinks spilled on the dance floor.
David L. Taylor and Jerry M. Padgett obtained a policy limits settlement in a bodily injury case involving an automobile collision.
David L. Taylor obtained summary judgment as to property coverage under an installment floater endorsement for damage to ceramic lined sewer tile which was damaged during installation. Summary judgment in favor of the insurer was obtained, avoiding coverage for over $200,000 worth of property damage.
David L. Taylor obtained summary judgment in favor of an insurer in a liability coverage case involving the insured contractor constructing a home which encroached property set back lines. The carrier avoided coverage for potential liability to demolish and rebuild a $400,000 home.
David L. Taylor and Misti Presnell DeVore obtained summary judgment on bad faith and punitive damages in an environmental contamination case involving coverage. The insured argued unfounded delay and unfounded denial.
David L. Taylor obtained summary judgment as to liability insurance coverage involving a brain injury resulting from a construction accident. The carrier avoided coverage for a crane operator and crane owner which leased a crane to the insurance company’s named insured, and which policy contained an endorsement for equipment lessees as additional insureds. Summary judgment finding that the crane owner and operator were not additional insureds under the policy and were owed neither defense nor indemnity was entered in federal court.
David L. Taylor won summary judgment for one insurance carrier in a contribution action against others where the other carrier had asserted the post 2005 ISO pollution exclusion as a coverage defense. The court found that although numerous compounds and chemicals were listed in the expansive endorsement, that not all the constituents of contamination were specifically listed, and therefore the pollution exclusion was not enforceable to deny coverage in a contribution action as to those unlisted constituents. The court specifically rejected the other carrier’s argument that diesel fuel was adequately excluded by “petroleum products and its derivatives”.
David L. Taylor obtained a defense verdict on behalf of an electrical contractor in a commercial fire case.
David L. Taylor and Misti Presnell DeVore defeated a motion to compel appraisal by arguing coverage issues should be determined prior to appraisal in United States District Court for the Northern District of Indiana. Contractual suit limitation provision application and applicability of ordinance and law coverage must be determined prior to appraisal.
David L. Taylor and Jerry M. Padgett obtained a voluntary dismissal without payment in a negligence/premises liability case against a homeowner for an alleged sexual assault committed by two (2) party guests against another guest.