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

June 24, 2019

Melissa Bailey and Fred Valz won summary judgment on behalf of their insurer client in a declaratory judgment action.  On behalf of the carrier, we argued that no coverage was afforded because the subject vehicle had been sold to the insured’s roommate at the time of the accident.  The opposing parties argued that a question of fact remained as to the timeline for the execution of the bill of sale.  Granting summary judgment in favor of our carrier client, the Gwinnett County Superior Court ruled that the new owner’s possession of the vehicle with no intention of returning it to the insured was dispositive of the issue that the sale had occurred prior to the accident.  For that reason, summary judgment was appropriate.

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