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Podesta and Richardson Secure Summary Judgment for Insurer in Coverage Dispute

March 1, 2021

John H. Podesta (Partner-San Francisco | Las Vegas) and Christopher J. Richardson (Associate-Las Vegas) obtained a summary judgment from Nevada Federal District Judge Robert Jones. The case involved a personal injury suit filed in Nevada state court against a roofing company and its employee as a result of a piece of wood that flew off the employee’s truck and struck another car’s windshield. The insurer did not participate in the roofing company’s defense or indemnity, citing the policy’s auto exclusion. The roofing company and the employee later settled the suit for $2 million. The insurer sued for declaratory relief that it had no coverage, and the injured party and the roofing company counter-sued for breach of the insurance contract. John and his team successfully argued that the unambiguous nature of the auto exclusion precluded coverage. This case was featured in an article in Law360 on February 25, 2021.

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