Insurance Coverage Case Dismissed

In an insurance coverage and bad faith case, Marshall Dennehey attorneys obtained a dismissal of a declaratory judgment action seeking $750,000 in business income damages. The court granted the motion to dismiss, agreeing with the defendant's argument that the loss was not covered pursuant to a sewer water exclusion contained in the insurance policy. The plaintiff argued the sewer water exclusion did not apply to the business income coverage. The court disagreed, finding that interpretation to be in clear contravention of the unambiguous language of the policy, and dismissed the case.