Declaratory Judgment Granted and Affirmed on Appeal - Insurance Policies Inapplicable May 2016
James F. Best and Thomas J. Costello, III
James Best and Tom Costello obtained declaratory judgment in favor of BVH’s client, who issued auto and umbrella liability policies that precluded coverage for vehicles provided for the insured’s regular use but not insured under the policy. BVH developed evidence confirming applicability of the policies’ regular use exclusions to the vehicle in question, and the trial court granted summary judgment, which was affirmed on appeal. On appeal, the appellate court agreed with BVH in rejecting arguments that the policy terms were ambiguous or created a latent ambiguity that violated public policy.