Highlights

February 2, 2012

INSURANCE COVERAGE WIN: DOUBLE SUMMARY JUDGMENT VICTORY FOR CALL & JENSEN’S CLIENT

When M.S. Industrial Sheet Metal’s insurer filed a declaratory relief complaint seeking a judgment that it owed no duty to defend M.S. Industrial in a personal injury action it was facing, M.S. Industrial found itself waging a two-front battle against both the personal injury plaintiffs and its own insurer. M.S. Industrial called upon Call & Jensen to defend it in both actions. Realizing the need to move strategically in claiming their client’s rights, Call & Jensen attorneys filed for summary judgment simultaneously with the insurer. The U.S. District Court for the Central District of California issued a ruling denying the insurer’s summary judgment motion, and granting Call & Jensen’s motion. The result means not only that Call & Jensen’s client will have insurance defense coverage, but the ruling also adds clarity to judicial interpretation of the total pollution exclusion, and is a decision that policyholders may be able to use to secure coverage notwithstanding this exclusion in the future.

For more information contact Jacqueline Beaumont at jbeaumont@calljensen.com