Firm Obtains Favorable Verdict in Declaratory Judgment Action

May 10, 2010

After a trial to the court, RRD attorney Joseph "Jay" Arcata III obtained judgment in favor of his insurer-client in a declaratory judgment action involving a dispute over insurance coverage for a motorized golf cart.

In a case with half-million dollars in coverage at stake, the Court held that RRD's client, a large automobile insurer, had no duty to defend or indemnify its insured in connection with a fatal accident involving the operation of a motorized golf cart on a public road in Florida. Relying largely upon the lack of safety equipment, the Court held that the golf cart in question did not meet the definition of a motor vehicle "of the private passenger, pickup or cargo van type" nor was it "designed for operation principally upon public roads," despite the fact that it was being operated on a public road at the time of the accident.