Collins Einhorn Farrell PC attorney Christopher Petrick recently successfully defended an insurance carrier in an insurance coverage and indemnification dispute. The underlying case involved a dog bite incident in which ownership of the dog was in dispute between a rescue agency and one of their fosters. The underlying case proceeded to trial, and the jury found 50/50 ownership between the Rescue and the foster. As a result of the jury’s verdict, both insurers paid half of the Judgment on behalf of their insureds. In turn, the owner of the rescue filed a declaratory judgment action against the foster’s insurance carrier seeking indemnification for the judgment in the underlying case. Christopher successfully argued the foster and their insurance carrier owed no duty to indemnify the rescue agency, as there was nothing to indemnify the rescue for, since its insurance carrier made payment to the plaintiff in the underlying action on behalf of the rescue based on the jury’s verdict of 50/50 ownership. The Court agreed, and found that the rescue could not support any claim for damages, and therefore its breach of contract claim failed as a matter of law.
02/13/2024
