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Brian Spitler and Erin Gomez Obtain Summary Judgment for Their Insurance Broker Client

November 16, 2021

Brian Spitler and Erin Gomez 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.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.