On 1/13/15, the United States 11th Circuit Court of Appeals refused to rehear its decision affirming a federal district ruling that a major liability insurer was not responsible for a state court verdict in excess of 10 million dollars. Partner James Brieske of Gray, Rust, St. Amand, Moffett and Brieske successfully argued that tenants who were operating an unlicensed day care business at a residence were not insured real estate managers under the landowner’s dwelling policy. The tenants had brought a bad faith action based on a breach of a duty to defend and to settle a wrongful death action arising from the drowning of a child. The district court decision is Moon v. Cincinnati Ins. Co. 975 F. Supp. 2d 1326 and the Court of Appeals decision can be found at 2014 WL 5410298, C.A.11 (Ga.).
