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CMP Obtains Summary Judgment for Insurance Broker

Continuing the firm’s history of defending various professionals, CMP partners Walter Price and Cannon Lawley recently obtained summary judgment for an insurance broker in a failure to procure insurance coverage case. On November 16, 2021, the Circuit Court of Jefferson County, Alabama entered an order dismissing the insured’s claims that the broker failed to obtain insurance covering the insured for third-party claims for indemnity made against the insured by two entities who were sued after one of the insured’s employees was injured on a job site owned by one of the defendants and where the other was performing work. In defending the broker, CMP attorneys asserted that the insured failed to present the requisite expert testimony establishing the standard of care owed by the broker, or a breach thereof, and that coverage for the indemnity claims was available in the marketplace. Additionally, the broker argued that the insured was contributorily negligent as a matter of law for failing to read the insurance policies as the exclusions relied upon by the involved general liability and professional liability carriers in denying coverage for the indemnity claims were readily apparent.