Stephen Keller and Adrianna Long Obtain Summary Judgment in Insurance Coverage Case

In November 2021, Stephen Keller and Adrianna Long obtained Summary Judgment in the U.S. District Court for the Eastern District of Kentucky on behalf of two commercial insurers.  The insurers, who were the declaratory judgment plaintiffs in the action, argued that there was no duty to defend the defendants in connection with various lawsuits filed against them alleging their involvement in a tax refund fraud scheme.  The defendants argued that the allegations against them involved the loss of use of “tangible property” that was not physically injured, which they contended constituted “property damage” for the purpose of an “occurrence” under the applicable commercial general liability coverage form. The Court disagreed, holding that the alleged receipt of improper tax refunds involved “intangible” property under the circumstances. It then granted Summary Judgment in favor of the insurers.