March 2015 – Gerald Swann Receives Summary Judgment in Wrongful Death Case

An altercation occurred at the premises of the defendant on August 29, 2011. Montpelier provided a Commercial General Liability policy to the defendant at the time of the incident. The altercation between two patrons resulted in the death of one. A wrongful death action was instituted in the Circuit Court of Calhoun County. On October 23, 2013, Montpelier filed its Complaint for Declaratory Relief in the United States District Court for the Northern District of Alabama seeking a judicial determination that pursuant to the provisions within its policy of insurance, no duty to defend nor indemnify existed. On July 10, 2014, Montpelier filed its Motion for Summary Judgment seeking its requested relief from the Court. The Court, on March 16, 2015, granted the Motion for Summary Judgment, discharging Montpelier from any duty to defend nor indemnify.