Summary Judgment Affirmed on Appeal - Insurance Policy Special Limit Applied October 2016
James F. Best and Thomas J. Costello, III
James Best and Thomas Costello obtained declaratory judgment in favor of BVH’s client in a first party insurance claim where the insured made a claim for stolen jewelry. The policy included a special limit of liability for stolen jewelry which was much lower than the amount claimed to have been stolen, and successfully defeated the insured’s declaratory judgment action asking the court to apply a different provision of the policy that the insured argued afforded a higher limit of liability. On appeal, the appellate court agreed with BVH’s arguments and affirmed summary judgment in BVH’s client’s favor.