Michael F. Schmidt And Nathan Peplinski Obtain Summary Judgment In Declaratory Action
AMCO Insurance Company and Depositors Insurance Company v Westborn Chrysler Jeep, Inc., Frank Bentley, Jeff Roekle and Vanessa Bacon, U. S. District Court for the Eastern District of Southern Division, declaratory suit filed by AMCO Insurance Company and Depositors Insurance Company to determine that it had no duty to provide coverage or a defense pursuant to a garage policy and umbrella policy issued by AMCO and a commercial general liability policy issued by Depositors for claims made against Westborn Chrysler Jeep and its employees, Frank Bentley and Jeff Roekle, in an action filed by Vanessa Bacon in Wayne County Circuit Court alleging breach of contract, fraud, conspiracy in violation of the Michigan Consumers Protection Act, violation of the Michigan Persons With Disability Civil Rights Act, slander of credit, intentional infliction of emotional distress and exemplary damages. We filed a motion for summary judgment on behalf of AMCO and Depositors arguing that there was no duty to provide coverage or a defense under the garage policy, the umbrella policy or the CGL policy. After reviewing the motion and brief, response and reply briefs and having heard oral argument, the court issued a lengthy written opinion granting summary judgment to AMCO and Depositors finding that there was no duty under any of the policies to provide coverage or a defense to Westborn Chrysler Jeep for any of the allegations or claims made in the underlying action and that the remaining defendants had all been defaulted.