Day: October 27, 2017

On September 9, 2017, Judge Cohen of the United States District Court of the Northern District of Georgia entered an order granting summary judgment in favor of Foster & Associates, a Georgia independent insurance agency.  Nautilus Insurance Company, et. al. v. Remoan Littlejohn, et. al., United States District Court, N.D. Ga., Civil Action File No.  1:15-CV-00897-MHC.  Foster & Associates was represented by Kevin Doyle of Lokey, Mobley and Doyle.  The plaintiff argued that Foster & Associates was negligent in the procurement of a commercial liability insurance policy with an assault and battery exclusion.  However, the Court held that the insured business had the duty to read the exclusion that was contained in the insured’s policy. The insured also signed off on the exclusion on several disclosure statements. This failure to read and object to the policy exclusion barred plaintiff’s negligence claims.  Although the plaintiff filed a notice of appeal, this appeal was recently dismissed.