BatesCarey partner Jordon Steinway and associate Katie Martin successfully secured a motion for judgment on the pleadings for their insurer client, Clear Blue Specialty Insurance Company, in a post-judgment coverage action in the Middle District of Florida. In Sampedro et al. v. Clear Blue Specialty Insurance Company (Case No. 8:25-cv-00012-JLB-AAS), professional models alleged that Clear Blue’s insured, Tampa Silver Fox, Inc., misappropriated their images and likenesses in social media advertising for nightclub events. After obtaining a consent judgment against the insured, the plaintiffs turned to Clear Blue seeking coverage.

The Middle District of Florida entered judgment for Clear Blue at the pleadings stage, holding that the policy’s Exhibitions and Related Marketing Exclusion unambiguously barred coverage, and that Clear Blue owed no duty to defend or indemnify its insured. The court also rejected the plaintiffs’ illusory coverage argument.

BatesCarey’s successful defense in this action carries significance beyond this case. It is the first ruling in a larger group of model misappropriation coverage cases involving Clear Blue and other clients. Similar motions for judgment on the pleadings are pending in federal courts across the country, giving insurers nationwide a powerful piece of additional case law authority in those matters. Clear Blue’s victory in this proceeding may become the first domino in a broader series of favorable rulings for the insurance industry.