PSD Wins Complete Dismissal of Insurance Coverage Case

On August 2, 2019, PSD lawyers Barry Pollack, Ashly Scheufele and Lauren Riddle won a motion to dismiss in the United States District Court for the District of Massachusetts, in Newton Covenant Church versus Great American Insurance Company.

The Newton Covenant Church sued Great American, claiming that the insurance carrier failed to provide coverage when it and its members were sued by another faction of another church concerning which entity and individuals had the right to certain church property.

In a written opinion, the District Court agreed with PSD’s position that the plaintiffs did not constitute “Insureds” under the pertinent insurance policy because they were sued as trespassers not as directors or officers. The court also agreed that the “Insured versus Insured” clause would exclude coverage if any of the defendants constitutes an Insured.