Michael Kelley

QBE Insurance Corp. v. Estes Heating & Air Conditioning, Inc.

(My litigation) Fed. Court Holds Pollution Exclusion Applicable to Chinese Drywall Claims

Federal District Court Judge Callie Granade's Memorandum Opinion granting summary judgment to my client, QBE Insurance Corporation, holding that the Total Pollution Exclusion in a Commercial General Liabiity insurance policy…more
| Environmental Law, Insurance
QBE Insurance Corp. v. Estes Heating & Air Conditioning, Inc.

Motion for Summary Judgment

This is the summary judgment brief and attachments filed in this complex insurance coverage case which ultimately led to the Court's holding that the Total Pollution Exclusion in a Commercial General Liability Policy applied to…more
| Environmental Law, Insurance
Kelley v. Nawas International Travel Service

(My litigation) The Ala. Sup. Ct.'s Determination to Enforce Forum Selection Clauses Against Ala. Residents Injured Abroad and Applicability of Alabama's Door Closing Statute

Traveler abroad who contracted with a travel agent based in Connecticut who was seriously injured on trip is thrown out of court in Alabama based on forum selection clause in travel agent's brochure, despite argument that it…more
| Civil Procedure, Constitutional Law, Consumer Protection, International Law & Trade, Personal Injury
QBE Insurance Corp. v. Blount Medical Center Partners

(My litigation) Fed. Ct. Grants MSJ in Favor of Insurer for Insured's Failure to Cooperate

Federal Magistrate Judge Paul Greene agreed with QBE that its insured, Blount Medical Center Partners, had violated post loss duties of cooperation, protecting insured property from further damage, and preserving contents for…more
| Insurance
QBE Insurance Corp. v. Blount Medical Center Partners

Motion for Summary Judgment

QBE Insurance Corporation tried for over two years to get the insured to cooperate with its investigation and adjustment of a valid storm damage claim. However, QBE eventually sought a declaration from the Court that the…more
| Insurance
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