Represented disability insurance company before the Tenth Circuit Court of Appeals and obtained favorable judgment for client regarding whether the insured was entitled to disability benefits due to alleged back pain, fibromyalgia and depression.
Represented insurer in action before Tenth Circuit Court of Appeals and obtained reversal of trial court with instruction for district court to enter judgment in favor of defendant on bad faith claims.
GableGotwals obtained summary judgment on behalf of a national property and casualty insurance carrier in Federal Court in Muskogee. A man attempted to rob a bank, and in the process, killed the bank’s president, took a customer hostage, and fled the bank. The hostage was shot during the police pursuit and subsequently sued the bank, claiming she was injured because there was too much access to the bank and not enough security. The carrier filed a declaratory judgment action, seeking a ruling that its policy did not provide coverage for the hostage’s claims. The Court ruled in the carrier’s favor, holding that the policy was not ambiguous and that the carrier had no duty to indemnify or defend the bank for the claims being brought by the hostage. The Court stated that the policy did not cover intentional acts (such as the kidnapping and resulting injuries) and that the policy specifically excluded claims arising out of incidents of assault and battery.