Firm Prevails in Declaratory Judgment Action

Firm Prevails in Declaratory Judgment Action

July 24, 2018: Helen Miranda and Tyler Raiford successfully obtained a final declaratory judgment on behalf of an insurance carrier in a coverage case involving the interpretation of a Business Owners/Lessors Risk policy. The underlying case involved a Plaintiff who suffered damages after an aircraft he was piloting malfunctioned and collided with the ground. The Plaintiff brought claims against the three defendants responsible for repairing the aircraft and alleged that these three defendants negligently rendered professional services in servicing the Plaintiff’s aircraft, ultimately causing the plane piloted by the Plaintiff to crash. After being sued by the Plaintiff, the Defendants demanded the insurance carrier provide a defense against Plaintiff’s claims through a Business Owners/Lessors Risk Policy issued to one of the Defendants in his capacity as the owner and lessor of the property where the faulty aircraft was repaired. The insurance carrier disclaimed coverage on the grounds that none of the Defendants were an insured under the subject policy, and even if they were an insured, there would be no coverage by virtue of the Professional Services exclusion.  After a two day bench trial, the Court agreed with the insurance carrier and entered a Final Declaratory Judgment for the insurance carrier on all counts, specifically finding that the insurance carrier had no duty to defend or indemnify the Defendants for the Plaintiff’s claims.