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Gende and Gottschall Obtain Summary Judgment for Insurer

Sweeny, Wingate & Barrow attorneys Mark V. Gende and Brandon R. Gottschall obtained summary judgment for an insurance carrier in a declaratory judgment action in federal court. The action involved a claim for coverage under a homeowners policy after an individual was injured when a tow hook snapped. The insurance carrier sought a declaration that the policy did not provide coverage, and the insured filed counterclaims seeking declarations that the policy did provide coverage. The court granted the insurance carrier’s motion for summary judgment based on the policy’s auto exclusion and denied the insured’s counterclaim for declaratory judgment.