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Wicker Smith team receives summary judgment for insurance client
POSTED JULY 25, 2022
Wicker Smith (Jacksonville FL)
Wicker Smith partner Rick Ramsey and associate Nataša Glišić received a summary judgment in a recent case in northern Florida. Plaintiff, an engineering company, asserted claims for breach of fiduciary duty and negligent procurement of insurance against Defendant insurance agency after its defense and indemnity claim, stemming from a vessel collision, was denied. Plaintiff alleged it relied on Defendant’s representations that the offered CGL insurance coverage was sufficient to meet all of the contractual obligations with one of Plaintiff’s subcontractors. The summary judgment motion argued that Wicker Smith’s insurance agency client was entitled to judgment as a matter of law on the entirety of the Plaintiff’s professional malpractice claims, notably, (1) it was barred by judicial estoppel; (2) Plaintiff did not sustain legally cognizable damages and lacked standing; (3) insurance agency liability cannot be imposed when coverage was unattainable at the time it was requested; and (4) Defendant insurance agency procured the requested coverage based on the exact requirements provided by the Plaintiff. The Fourth Judicial Circuit Court agreed with Defendant’s position and entered summary judgment on all counts asserted against the firm’s client.