Date of Case Completion:
August 2015
Category:
Insurance Coverage / Declaratory Judgment / Intentional Acts Exclusion
Summary:
McLemore Law PLLC successfully represented an insurance carrier in a declaratory judgment action involving a fatal accident linked to alleged road rage. Despite complex underlying facts and ongoing tort litigation, McLemore Law secured a stipulation of no coverage based on policy exclusions for intentional or criminal acts—avoiding further litigation and expense for the insurer.
Description:
Case Name: Allstate Insurance Company v. Brittany Nelson, et al.
Court: Circuit Court of Robertson County, Tennessee
Docket No.: 74CCI-2014-CV-413
This case involved a fatal motor vehicle accident and claims of road rage behavior by an insured. McLemore Law, representing the insurance provider, sought a declaratory judgment that the carrier had no duty to defend or indemnify under the policy’s intentional or criminal acts exclusion.
Amid disputed and sensitive facts in the underlying case, McLemore Law strategically guided the parties to a stipulated judgment of no coverage, affirming that the insurer was not obligated to provide a defense or pay damages stemming from the fatal incident.
By obtaining the stipulation, McLemore Law avoided protracted litigation and costs for the carrier. The related tort case, involving multiple parties and wrongful death claims, remains pending in a different county and is currently under appeal to the Tennessee Supreme Court regarding the application of the state’s wrongful death statute.