Summary Judgment Granted in Insurance Coverage Case
The U.S. District Court for the Northern District of Indiana recently granted summary judgment in favor of an insurer represented by Hoover Hull concerning its decision to deny insurance coverage. The Court found that an insured’s decision to leave Indiana without informing his insurer or defense counsel was a willful and intentional breach of the insured’s duty to cooperate under his insurance policy. The Court also found that the insurer used reasonably diligent efforts to locate the insured by sending letters to his past addresses, performing a “skip trace,” and hiring a private investigator. The Court held that, because the insured’s actions prejudiced the defense of the underlying litigation, the insurer was not obligated to provide indemnity for the judgment. For more information, see Medical Assurance Company, Inc. v. Miller, No. 4:08-CV-00029, 2011 WL 939290 (N.D. Ind. Mar. 15, 2011).