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Arizona Superior Court Finds No Coverage Owed for Liabilities Of Insured’s Alleged Predecessor Company

August 2019 | Category: News, Recent Successes

In a case of first impression in Arizona, BatesCarey’s Adam Fleischer and Michael Passman recently obtained summary judgment for Gotham Insurance Company in the Superior Court of Maricopa County where another insurer attempted to hold Gotham responsible for an underlying judgment entered against an alleged predecessor of Gotham’s insured.

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Texas Federal Magistrate Recommends Grant of Judgment on the Pleadings in Favor of Munich Re

August 2019 | Category: News, Recent Successes

Strong briefs filed by Jordon Steinway and Amanda Bushemi in the Southern District of Texas recently elicited a magistrate judge’s Report and Recommendation granting judgment on the pleadings in favor of BatesCarey’s client, Munich Re (PESLIC).  After Maxum Indemnity Company refused to defend PESLIC’s insureds in an underlying lawsuit in which the plaintiff was the victim of an assault at a Houston-area gentlemen’s club, PESLIC filed a declaratory judgment lawsuit seeking a determination that Maxum has a duty to defend PESLIC’s insureds as additional insureds under the Maxum policy, and that such duty is primary to PESLIC.  PESLIC also requested, and was granted, equitable contribution from Maxum for its fees incurred in the defense of such insureds. 

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