Achievements & Results

Melissa Bailey and Fred Valz Obtain Summary Judgment in Declaratory Judgment Action

Melissa Bailey and Fred Valz obtained summary judgment in a declaratory judgment action on the basis of the policy’s auto business exclusion.  The evidence showed that, at the time of the accident, it was being driven by a mechanic who was returning the vehicle to its owner after completing repairs.  Because the driver was in possession of the vehicle for the sole purpose of repairing it, we argued that coverage was afforded for the underlying tort action because the claims arose out of the use of a vehicle in furtherance of an auto business.  The Superior Court of Fulton County agreed, ruling that our client had no duty to provide a defense, coverage, or indemnity in the tort action.