Michael F. Schmidt And Nate Peplinski Obtain Summary Judgment In Declaratory Action That There Is No Coverage For Underlying Wrongful Death Suit

AMCO Insurance Company v Bari J. MacNeill d/b/a MacNeill Contracting and Penny Risteau, Personal Representative of the Estate of Jason Robert Risteau, Deceased, U. S. District Court for the Eastern District of Michigan, Northern Division, we filed a declaratory complaint to obtain a ruling that AMCO Insurance Company did not owe coverage or a defense to Bari J. MacNeill d/b/a MacNeill Contracting for the allegations and claims made against him in an underlying wrongful death suit filed by Penny Risteau, Personal Representative of the Estate of Jason Robert Risteau, Deceased arising out of injuries incurred in a Bump-n-Run event held as part of the Posen Potato Festival in Posen, Michigan. After obtaining discovery information from the underlying suit we filed a motion for summary judgment on the basis that the underlying complaint did not raise claims with respect to Bari J. MacNeill’s business, but rather claims regarding his personal, non-business and hobby activities, and further, even if the underlying complaint raised issues regarding MacNeill’s business, coverage would be excluded by the mobile equipment exclusion. The trial court granted summary judgment that AMCO Insurance Company owed no coverage for the claims made against Bari J. MacNeill d/b/a MacNeill Contracting in the underlying matter.