Attorney Wayne D. Taylor's Legal Cases

Insurance

RaceTrac Petroleum, Inc. v. ACE American Insurance Company

Nov 03, 2011

OUTCOME: Motion to dismiss granted to commercial liability insurer affirmed

Case involved a demand for coverage under a commercial liability insurance policy for personal injuries caused by inhalation of benzene vapors from gasoline. The United States Court of Appeals for the ... Eleventh Circuit affirmed the dismissal of the insured's complaint because the liability policy's absolute pollution exclusion unambiguously precluded coverage for claims of injury from exposure to benzene vapors in gasoline. The appeals court also held that enforcement of the absolute pollution exclusion did not violate Georgia's public policy.

Insurance

Aydin and Company v. Jewelers Mutual Insurance Company

May 11, 2011

OUTCOME: Summary judgment granted to jewelers block insurer affirmed

Case involved allegations that Jewelers Mutual wrongfully withheld payment under a jewelers block insurance policy for the loss of a jewelry salesman's merchandise that had been placed in an airplane's ... cargo hold during a flight. The United States Court of Appeals for the Eleventh Circuit affirmed the district court's ruling granting Jewelers Mutual's motion for summary judgment because the policy provides coverage for stock away from the insured's premises only when the insured's stock is in the custody of the insured, and the merchandise was not in the insured's custody when it was placed in the airplane's cargo hold.

Litigation

ALTA Refrigeration, Inc. v. Americold Logistics

Dec 17, 2009

OUTCOME: Obtained reversal of summary judgment ruling against insured

Case involved allegations of negligence against the insured under the borrowed servant doctrine for an explosion at a refrigeration plant where the insured was installing a new compressor. The Court o ... f Appeals of Georgia reversed the trial court ruling that one of the employees of the refrigeration plant involved in causing the explosion was the borrowed servant of the the insured and granted summary jugment in favor of the insured, finding that the borrowed servant doctrine did not apply.

Insurance

Cleopatra Diamonds, Inc. v. Jewelers Mutual Insurance Company

Apr 22, 2009

OUTCOME: Summary judgment to jewelers block insurer

Case involved allegations that Jewelers Mutual wrongfully refused to pay the insured jewelry store's robbery loss under a jewelers block insurance policy. The United States District Court for the Nort ... hern District of Georgia granted Jewelers Mutual's motion for summary judgment because the insured failed to file the lawsuit within one year after the loss, which is required as a condition of recovery under the policy.

Insurance

Betty Jean and Gene Cox v. MacIntyre & Edwards, Inc., et al.

Jan 15, 2009

OUTCOME: Summary judgment granted to property insurer

Case involved allegations by the insureds that State Auto Property and Casualty Insurance Company failed to pay for a fire loss under homeowner's insurance policy. The Superior Court of Thomas County ... granted State Auto's motion for summary judgment because the insureds failed to file their lawsuit within one year of the date of the loss, as required by the insurance policy.

Insurance

Northwest Packing Co. v. ACE American Insurance Company

Jun 11, 2007

OUTCOME: Summary judgment granted to insurer affirmed

Case involved a claim for ACE's failure to pay for damages caused by rat infestation under a warehouseman's legal liability insurance policy. The United States Court of Appeals for the Eleventh Circui ... t affirmed the federal district court's ruling in which summary judgment was granted to ACE because there was no coverage under the policy's exclusion for damages caused by vermin.

Insurance

Kendrick Pecan Co., Inc. v. American States Insurance Co.

Jun 05, 2007

OUTCOME: Motion for Partial Summary Judgment Granted

Partial summary judgment granted to property insurer. Case involved allegations that the insurer wrongfully refused payment of the difference between the actual cash value of the wind-related damages ... to the insured's property paid by the insurer and the estimated replacement cost of the repairs, which the insured had not incurred. The United States District Court for the Middle District of Georgia granted the insurer's motion for partial summary judgment, finding that the insured was not entitled to payment of the replacement cost of the damages until it showed that it incurred more than the actual cash value of the damages when making repairs.

Insurance

Uniondale Realty Associates v. Hartford Fire Insurance Company et al.

Jan 16, 2007

OUTCOME: Summary judgment granted to insurers

Case involved a claim for $16 million by a shopping center owner against its property insurers for failing to pay insurance proceeds due to the failure of the property's under slab plumbing system unde ... r a layered property insurance program. The Supreme Court of New York of Nassau County granted the excess insurers' motion for summary judgment, finding that the policies' defective design and faulty workmanship exclusion precluded coverage for the claimed damages.

Insurance

Goree Ice, Inc. v. State Automobile Mutual Insurance Company

Nov 22, 2006

OUTCOME: Summary judgment granted to property insurer

Case involved insured's claim that State Auto wrongfully refused to pay the insured's fire loss under a commercial property insurance policy. The United States District Court for the Northern District ... of Georgia granted State Auto's motion for summary judgment because the lawsuit was not timely filed.

Insurance

Gilbane Building Company v. The Altman Company

Mar 08, 2005

OUTCOME: Summary judgment granted to builder's risk insurer affirmed

Case involved allegations that ACE Property & Casualty Insurance Company wrongfully refused coverage under a contractor's builder's risk insurance policy for damages from corrosion to equipment and pip ... ing which occurred when the contractor improperly applied muriatic acid to concrete flooring. The Court of Appeals of Ohio affirmed the trial court's ruling granting ACE's motion for summary judgment because the builder's risk policy's exclusions for "rust and corrosion" and "faulty workmanship" unambiguously precluded coverage for the claimed damages under the policy.

Wayne D. Taylor's Legal Cases (26)

RaceTrac Petroleum, Inc. v. ACE American Insurance Company

Aydin and Company v. Jewelers Mutual Insurance Company

ALTA Refrigeration, Inc. v. Americold Logistics

Cleopatra Diamonds, Inc. v. Jewelers Mutual Insurance Company

Betty Jean and Gene Cox v. MacIntyre & Edwards, Inc., et al.

Northwest Packing Co. v. ACE American Insurance Company

Kendrick Pecan Co., Inc. v. American States Insurance Co.

Uniondale Realty Associates v. Hartford Fire Insurance Company et al.

Goree Ice, Inc. v. State Automobile Mutual Insurance Company

Gilbane Building Company v. The Altman Company