Doug Kemper (Of Counsel-Louisville, KY) and Andrew-John R. Bokeno (Associate-Louisville, KY) obtained summary judgment in an insurance coverage dispute before Federal Court, Middle District of Tennessee on behalf of an insurance company. The firm’s client issued a commercial general liability policy to a construction company, which claimed in its application that it did only residential remodeling work. The contractor was sued for faulty construction in a $2 million commercial project, and sought coverage under the policy. The insurer provided a defense under a reservation of rights and engaged the firm to litigate the coverage issue. Doug filed a Dec Action based on the theory that there was no coverage under the policy for a number of reasons, including material misrepresentation in the application. The court granted the motion for summary judgment, holding that the insurance company had no duty to defend or indemnify its insured for the claim asserted in the underlying litigation, and also has the right to withdraw the defense previously provided under a reservation of rights.