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Craig Marvinney Prevails in Sixth Circuit Court of Appeals on Coverage Case for Insurance Client

Wednesday, April 11, 2018   (0 Comments)
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Craig Marvinney, Walter | Haverfield, in Cleveland, OH, recently prevailed in the United States Sixth Circuit Court of Appeals on a coverage case for his client Evanston Insurance Company.  Evanston wrote a Landlord’s policy of insurance for landlord in eastern Ohio.  The landlord was accused of tenant handicap discrimination, but evidently felt it could handle an Ohio Civil Rights Commission mediation without notifying the insurer.  The mediation failed and the landlord provided late notice to the insurer.  The insurer declined coverage because of the late notice and the landlord sued for breach of contract, coverage and bad faith.  The case went to summary judgment, with the main issue focused on whether under the policy, an ‘administrative proceeding’ could fit in the definition of a ‘legal proceeding’ under the policy and law.  Marvinney prevailed at the district court level and the Sixth Circuit affirmed.  SeeGMS Management, Inc., v. Evanston Insurance Company, 2016 W.L. 3460214 (U.S.D.C. N.D. Oh.), aff’d GMS Management Company Inc., v. Evanston Insurance Company, 689 Fed.Appx. 439 (6th Cir. 2017).

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