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Pretzel & Stouffer Attorneys Obtain Summary Judgment for Insurance Producer

Richard Waris, Brendan Nelligan, and Matthew Ligda, successfully defended an insurance producer against a claim for negligent procurement of insurance brought in federal court by a minor-league hockey player who lost an eye during a game.

In 2014, the injured player sued the league and obtained an $800,000 judgment. Thereafter, the player brought a declaratory judgment action against the league, the league’s insurer, and the firm’s insurance producer client seeking to collect the judgment. The plaintiff claimed that the firm’s client failed to procure the correct insurance policy for the league, which allegedly caused the league’s insurer to deny coverage for the player’s injury.

Richard, Brendan and Matt moved for summary judgment, arguing that our client’s conduct could not have caused any injury to the plaintiff because the denial of coverage resulted from the league’s deliberate choice not to submit the player’s claim to the league’s insurer and not from any deficiencies in the policy of insurance obtained. The court granted the motion and entered summary judgment, thereby terminating the case with finality.

July 2019