March 2024

Wayne D. Taylor and Sarah M. MacKimm, along with co-counsel from Chicago, successfully obtained the dismissal of a declaratory judgment action regarding the extent of liability coverage filed against Interested Underwriters at Lloyd’s, London in the United States District Court for the Northern District of Georgia. The action arose out of a claim that a municipality had $1.8 million in liability insurance coverage for an automobile accident involving its police officers. The municipality and claimants asserted that, by purchasing a liability insurance policy with limits of $1.8 million, the municipality waived sovereign immunity up to the amount of coverage. Underwriters asserted their liability was limited to the statutory limit in Georgia of $700,000.00 based on an endorsement in the policy that stated the municipality does not waive any governmental immunity. Finding no ambiguity in the endorsement, the court granted Underwriters’ motion for summary judgment, limiting their liability for the accident to the $700,000.00 statutory limit.