Insurance Claim – Duty to Defend

By: Derek Hawkins//September 7, 2021//

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7^th Circuit Court of Appeals

Case Name: American Bankers Insurance Company of Florida v. Robert Shockley, Jr.,

Case No.: 20-1938

Officials: MANION, KANNE, and ROVNER, Circuit Judges.

Focus: Insurance Claim – Duty to Defend

This insurance dispute stems from Robert Shockley, Jr., filing a civil complaint in Illinois state court. The complaint alleged Shockley was severely injured after being thrown from (and run over by) a golf cart driven by a St. Charles Farms (“SFC”) employee. Shockley sued SFC and its employee for negligence. In response, SFC’s insurer American Bankers Insurance Company of Florida filed suit in federal court seeking a declaratory judgment that it has no duty to defend or indemnify SFC or its employee in the underlying lawsuit. The district court granted American’s motion for summary judgment. Because the district court erred in interpreting the insurance policy, we reverse and remand.

Reversed and remanded

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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