August, 2023 – Jim Brennan obtained a Declaratory Judgment for an insurer against an individual who was pursuing an Uninsured claim against her automobile insurance carrier. The insured alleged that she slipped and fell on a banana peel in a parking lot that had been dropped from an unidentified automobile and claimed, therefore, she should be entitled to recover Uninsured benefits under her automobile policy. Jim argued that the injury did not “arise out of the use of an automobile” as this term is defined by the policy and case law interpreting this term. After filing suit, Jim filed and successfully argued a Motion for Summary Judgment on the issue and a judge of the Barnstable Superior Court agreed that the injuries did not arise out of the use of an automobile and Judgment was entered in favor of the Insurer. The case is Arbella Mutual Insurance Co. v. Christine Hammond-Ohlson, Civil Action No. 2272CV00300.
Jim Brennan Successfully Prosecutes Suit for Declaratory Judgment Involving Uninsured Motorist Coverage
November 19, 2024 by ·