David Simantob

David Simantob (Partner-Los Angeles, CA) and Janet Tolbert (Of Counsel-Dallas, TX) were granted summary judgment of no duty to defend in the Southern District of Texas on behalf of an insurer client. The plaintiff, a Texas university foundation that manages the university's football stadium, sought insurance coverage under a commercial general liability policy. The plaintiffs in the underlying lawsuits were donors who alleged they were promised "best available" seats and parking spots at football games, but the foundation later relegated them to inferior seats and parking spots in favor of more affluent, younger donors. The foundation asserted that the underlying lawsuits alleged that the plaintiffs were wrongfully evicted from the stadium seats and parking spots, which was a requirement to trigger coverage. The parties filed cross-motions for summary judgment; the judge granted David’s and Janet’s motion and denied the foundation's motion, ruling there was no "wrongful eviction" and no duty to defend.