Attorney Rick Vazquez Wins a Significant Summary Judgment

A Third District Judge granted a motion for summary judgment on behalf of a local produce business that Rick represents.

Rick’s client, a local produce business, was sued in several e-coli contamination lawsuits. The company was sued in a declaratory judgment action by its commercial liability insurer, who argued that the “communicable disease” exclusion in the insurance policy barred coverage for those lawsuits. Both the insurer and the produce business moved for summary judgment.

Judge Linda Jones denied the insurer’s motion, ruling that the “communicable disease” exclusion is ambiguous as it applies to foodborne e-coli contamination which occurred prior to the consumption of the contaminated produce, and therefore the produce business was entitled to coverage.

The ruling validates what policyholders often have to argue – that if there is a reasonable and plausible policy interpretation of a term that favors the policyholder, courts should adopt it and find coverage.

Rick is a skillful attorney that delivers good results for his clients and frequently represents businesses that have complex legal needs. His practice focuses on insurance, employment law, and cyber law, emphasizing representing insurance carriers in coverage, subrogation/recovery, and bad faith litigation, and representing policyholders in coverage litigation.