Jill Smith Obtains Summary Judgment for Insurance Carrier05/21/2012
Chief United States District Judge Gaitan granted Summary Judgment to Defendant Wilshire Insurance Company in a federal case pending in the United States District Court for the Western District of Missouri Western Division. In a hotly contested coverage case, the federal court judge ruled in favor of the defendant insurance carrier ruling that the subject commercial general liability policy did not provide coverage for the life-threatening gun-shot injury of the sole member of the insured legal liability corporation. The injured individual had obtained a civil judgment in Jackson County, Missouri Circuit Court for $350,000 against the LLC and the corporation filed suit against the carrier for insurance coverage and penalties for vexatious refusal. The Federal Court Judge ruled that the Workers' Compensation Exclusion of the CGL policy barred coverage for the plaintiff's claims and that the carrier had no duty to defend the underlying state court action.