David Blinn Obtains Summary Judgment in Coverage Case

Shareholder David L. Blinn recently obtained a Summary Judgment in the Federal Court Northern District on behalf of Scottsdale Insurance Company on a coverage case involving the duty to defend. The underlying action was a premises liability claim filed by an employee of a company that rented a property from Scottsdale's insured. Although the employer/tenant had obtained an additional insured endorsement for the landlord on its own policy, its carrier United National had refused to defend the landlord. The carrier claimed that the language of the additional insured only covered the landlord's "vicarious liability."

Scottsdale defended its insured, and filed a declaratory relief action against United National, seeking a determination that United's policy required it to defend the landlord. Summary Judgment was granted in favor of Scottsdale Insurance Company by the Honorable Claudia Wilkens, holding that United's policy did in fact require it to defend Scottsdale's insured. The underlying litigation is ongoing, but is headed towards mediation.