Achievements & Results
Fred Valz and Jena Emory Win Motion for Summary Judgment in a Declaratory Judgment Action
Fred M. Valz, III and Jena G. Emory recently won a motion for summary judgment in a declaratory judgment action. In that case, the employee of the trucking company made a claim on the trucking company’s insurance policy for injuries arising out of a single tractor trailer accident. The motor carrier did not have workers’ compensation insurance. Valz and Emory filed a declaratory judgment action under the Policy, both the liability and uninsured motorist portions, and the MCS-90 to determine whether the workers’ compensation exclusions in the Policy and the MCS-90 applied. They also sought a ruling that the uninsured motorist portion of the Policy did not apply because the single tractor trailer involved in the accident was listed on the Policy and could not be considered an uninsured motor vehicle. The court agreed with Valz and Emory and granted their motion for summary judgment.