Achievements & Results
Brian Spitler Obtains Summary Judgment for Insurance Broker Client
Brian Spitler successfully obtained summary judgment in the Chancery Court for Davidson County, Tennessee in a professional malpractice suit against their insurance broker client. The Plaintiff, a large trucking company based in Nashville, reported the construction of a new building to the insurance broker during its annual insurance renewal, and the broker (via a wholesale insurance broker) listed the new building on a Statement of Values submitted to the insurer during the renewal process. A month after the new building was reported to the insurer, and a month before the policy renewed, the building was destroyed by a tornado, causing $6.7 million in damages. The insurer denied coverage under the then-in-effect policy, claiming the building was only reported for the new, renewed policy.
The trucking company sued the insurer, our client broker, and the wholesale broker, claiming that the new building should have been covered under the policy, and if it was not, then the brokers negligently failed to procure coverage. All parties filed Motions for Summary Judgment. The brokers and Plaintiff argued that the building was covered under the blanket nature of the policy, and that the building had been sufficiently reported under the policy for coverage to be triggered. The court agreed, finding that the insurer was responsible for the loss and that the insurer could not seek indemnity or contribution from the brokers.