Campbell Campbell Edwards & Conroy obtained a favorable opinion from the United States Court of Appeals for the First Circuit, affirming a summary judgment decision of the United States District Court
August 2014
Brian Voke and Brandon Arber obtained a favorable opinion from the United States Court of Appeals for the First Circuit, affirming a summary judgment decision of the United States District Court for the District of Maine. The case involved an insurance dispute over indemnity coverage for serious personal injuries.
The plaintiff alleged an employee of the insured grabbed her wrist and pulled down to prevent her from entering a food pantry operated by the insured. She alleged that she fell to the ground and suffered wrist injuries including a volar scapholunate interosseuos ligatment tear and central disc tear of the triangular fibrocatrilage complex which required surgery and other medical treatment. First Financial Insurance Co. denied coverage as falling within the “assault and battery” exclusion of the policy. The plaintiff settled with the insured, acquired an assignment of the insured’s rights, and then proceeded directly against First Financial. The plaintiff argued that the trial evidence could have established that the plaintiff was hurt by accident, and that therefore her injuries did not fall under the “assault and battery” exclusion. On the insurer’s behalf, we moved for and won summary judgment in the United States District Court for the District of Maine.
The plaintiff appealed to the United States Court of Appeals for the First Circuit, but the appellate court affirmed, ruling that the plaintiff’s injuries were precluded from coverage by the terms of our client’s policy.
Brian Voke served as lead trial counsel and Brandon Arber served as co-counsel.
