Michael F. Schmidt Obtains Summary Disposition In Claim For Insurance Coverage For Pizza Delivery

Louis I. White, M.D. and Mary White, Individually and as Assignees of Uncle Andy’s Pizza, Inc., Andy Nannoshi and Mary Morse v Christopher Miller Agency, Inc., Christopher J. Miller, Rebecca Theriault and Nationwide Mutual Insurance Company, Oakland County Circuit Court.

Plaintiffs brought suit as assignees of Uncle Andy’s Pizza and its employees, Andy Nannoshi and Mary Morse, seeking recovery of a $2,000,000 judgment obtained in a claim for injuries allegedly incurred by the plaintiffs in a pizza delivery vehicle versus bicycle accident. After substantial discovery we filed a motion for summary disposition on behalf of the defendant, Nationwide Mutual Insurance Company, arguing that the Nationwide policy excluded automobile liability coverage, the policy contained an endorsement exclusion for food delivery and contained another endorsement exclusion limiting coverage to the designated premises. We further argued that the plaintiffs were judicially estopped from claiming coverage in the case, because they already sought and obtained their full uninsured motorist benefits from their own automobile liability insurer alleging in that claim that Uncle Andy’s Pizza, Inc. and its employees had no insurance. We further argued that any claim of any misrepresentation by the agents was barred by the application signed by Andy Nannoshi which stated that food delivery was not covered and further barred by Nannoshi’s failure to read the policy and raise any questions regarding coverage. After hearing oral argument, the trial court issued a written opinion granting summary disposition to Nationwide. Subsequently, the plaintiffs filed a motion for reconsideration which the trial court also denied by written opinion and order.