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Michael F. Schmidt And Nate Peplinski Obtain Summary Disposition In Declaratory Action

AMCO Insurance Company v Sparkle Hill, et al, Oakland County Circuit Court, we filed a declaratory action on behalf of AMCO Insurance Company against Sparkle Hill, Inc. and Invecor, LLC d/b/a AMB Business Supply to obtain a determination that AMCO had no duty to provide coverage or a defense to Invecor for claims made against it in an underlying class action suit pending in New Jersey federal district court, in which the class action plaintiff recovered a judgment in the amount of $17,333,500. After discovery we filed a motion for summary disposition on the basis that AMCO had added an exclusion endorsement to the policy at issue to Invecor at renewal excluding coverage for violation of statutes governing emails, faxes, phone calls or other methods of sending materials or information. We established through deposition testimony and affidavits that notice of the change in the policy was provided to the insured’s agent prior to policy renewal. AMCO and the class action plaintiff filed cross-motions for summary disposition. After reviewing the cross-motions for summary disposition and response and reply briefs and having heard oral argument the trial court granted summary disposition to AMCO that it had no duty to provide coverage or a defense to Invecor for the claims made in the underlying suit including the $17,333,500 judgment.