Jake Beaupre Secures Summary Judgment in Coverage Action Due to Insured’s Defect Concealment

Jacob Beaupre recently obtained summary judgment in the Southern District of Illinois in a federal declaratory judgment action that arose from an underlying lawsuit alleging violations of the Residential Real Property Disclosure Act. In granting our motion, the Court held that the insured attempted to conceal the property’s defects from the underlying plaintiffs, which negated any coverage the insured may otherwise have. The court also categorically rejected the underlying parties’ transparent attempt to trigger coverage by adding a “negligence” count into an amended pleading.

Beaupre’s decision to bring this declaratory judgment action in federal court instead of the venue where the underlying action was proceeding – Madison County – likely proved a significant factor in this excellent result.  This win allows our insurer client to avoid affording a defense and indemnity in a highly plaintiff-friendly venue.