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Gwen Frost and Michelle Scheiffele Win Dismissal in Insurance Coverage Case

September 3, 2013

Gwen Frost (Of Counsel-Houston) and Michelle Scheiffele (Associate-Houston) secured a dismissal of an insurance coverage case on behalf of the firm’s client, a national insurance company. The plaintiff, the insured, filed suit against her auto insurer, the defendant, after the company denied her coverage from a claim filed as a result of an accident in which her 17 year old daughter was involved.

The defense argued that the insured was not entitled to benefits because she affirmatively indicated on the application for insurance that there were no residents in her household 15 years or older, or that there were any additional drivers of the vehicles listed on the application for insurance.

Wilson Elser moved for summary judgment on behalf of the insurer on the affirmative defense of fraud.  It was conclusively proven that the insured committed fraud on the application; and therefore, the insurer was not liable to pay benefits under the policy.

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