The Eleventh Circuit Court of Appeals, in M&M Sisters LLC v. Scottsdale Insurance Co., affirmed the district court’s dismissal of an insured’s third amended complaint against its insurance carrier for failure to state a claim for relief without further leave to amend. The plaintiffs, M&M Sisters LLC and its two owners Bertha Garcia and Maria Mendez, purchased a commercial general liability policy from the defendant, Scottsdale Insurance Co., covering an ... Keep Reading »
Fifth Circuit Leans on Well-Established Contractual Interpretation Doctrine to Preclude Coverage Under General Liability Policy
To paraphrase Justice Oliver Wendell Holmes Jr., a case “which appeals to the feelings and distorts the judgment” makes bad law. In the face of exceptionally tragic circumstances, however, the Fifth Circuit Court of Appeals resisted the urge to let its emotions carry the day. In Scottsdale Insurance Co. v. Discovering Me Academy LLC, the court instead adhered to well-established principles of Texas contract law to preclude coverage under a policy issued by ... Keep Reading »
Louisiana Supreme Court Finds “Assault and Battery Exclusion” Barred Coverage for Kidnapping at Insured’s Motel
In granting summary judgment to the insurer and finding no duty to defend, Louisiana’s highest court reversed a trial court’s ruling on the basis of the “clear and unambiguous” assault and battery exclusion in a commercial general liability policy. Kazan tragically arose from a kidnapping and subsequent homicide of a guest of the insured — a motel operating in Alexandria, Louisiana. As the victim was attempting to retrieve something from her vehicle, another motel ... Keep Reading »