Successful Defense of Broker and Two Lloyd's Syndicates

08 October 2019 by David J. Fagnilli Shareholder at Marshall Dennehey, Nathan P. Woodward Associate at Marshall Dennehey

David Fagnilli and Nathan Woodward, attorneys with ILG member firm Marshall Dennehey Warner Coleman & Goggin, obtained a ruling granting summary judgment in favor of an insurance broker and two Lloyd’s syndicates (Lloyd’s of London 50 and Lloyd’s of London 68) in a case pending in the United States District Court for the Northern District of Ohio. The case involved a claim arising from a fall from a tree stand at a hunting camp. The plaintiff suffered spinal fractures when he fell out of the tree stand, and obtained judgment against the owner of the hunting outfitter business and sought to recover under two policies of insurance issued to the business and a hunting club operated by the same individual. There was a stipulated judgment of $2 million, and a supplemental complaint was brought where the only issue was coverage under two $1 million policies. Accepting David’s and Nathan’s arguments, The United States District Court for the Northern District of Ohio granted summary judgment in favor of all defendants on the grounds that the broker had no obligations under the policies, and that the policies were not written to insure commercial hunting activities or the premises where the accident occurred.