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Represented The Plaintiff Insurer In The Successful Declaratory Action And On Appeal

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May 2013

Represented the plaintiff insurer in the successful declaratory action and on appeal. Plaintiff insurer filed a declaratory action seeking a judgment declaring that the insurer had no coverage on the claim of an insurance policy with defendant insureds. The United States District Court for the Northern District of Mississippi found that the language of a policy exclusion clearly and unambiguously excluded coverage, and granted the insurer's motion for summary judgment. The insureds appealed. On appeal, the Fifth Circuit affirmed the District Court’s judgment, holding that the summary judgment was appropriate based on the exclusion language contained in the policy.