M. Warren Butler Obtains Defense Verdict for National Insurance Company
February 4, 2016 08:00 AM
IADC member Warren Butler, a partner at Starnes Davis Florie LLP, and his colleague Weathers Bolt obtained a defense verdict in the Circuit Court of Mobile County in a coverage dispute on behalf of a national insurance company. The case originated as a declaratory judgment action filed by the carrier seeking to determine whether the Plaintiff qualified as a resident relative under his sister's UM/UIM policy. Plaintiff later filed a counterclaim alleging breach of contract. Plaintiff alleged that his sister moved into his house several months before his motorcycle accident, which he argued qualified him as a resident of her household for coverage under her insurance policy. The defense contended that he was not a "resident of his sister's household," both because it never became her household and he actually resided at his girlfriend's house at the time of the accident. After four days of trial, the jury returned a defense verdict in favor of the insurance company.