11th Circuit Reversa ...

11th Circuit Reversal Upholds Insurer’s Exclusion of Coverage as to Personal Injury

June 14, 2012 | by Butler Snow

Members of Butler Snow’s Commercial Litigation Group participated in a trial in federal court in Mobile where an insurer was being sued for bad faith in the denial of a claim for indemnity resulting from a judgment rendered against its insured for slander. The trial court had previously granted summary judgment for the insured against the insurer for breach of contract finding that the exclusion in which the insurer based its denial was ambiguous and therefore not a proper denial. A trial proceeded as to the bad faith and resulted in a verdict for the insurer. On appeal of the earlier ruling on the breach of contract, the 11 th Circuit reversed and rendered judgment in favor of the insurer finding that its exclusion of coverage as to personal injury caused by slander was not ambiguous or illusory. Members of defense team were Michael B. Beers and Angela Taylor.