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Insurance policy's exclusion for governmental action prevented coverage for damage caused during execution of SW

By John Wesley Hall, Jr.

Insurance policy's exclusion for governmental action prevented coverage for damage caused during execution of a search warrant. Spangler v. Wenninger, 2008 U.S. Dist. LEXIS 75571 (S.D. Ohio September 9, 2008).* Adult establishment had standing to litigate the Fourth Amendment claims of patrons stopped at a roadblock leaving the property. Mia Luna, Inc. v. Hill, 2008 U.S. Dist. LEXIS 74950 (N.D. Ga. September 22, 2008). (Comment: This is an interesting case on the rights of a store to pursue claims of patrons who either could not be found or would not want to pursue the claims on their own.) Officers had reasonable suspicion to handcuff defendant during an investigative stop. A drug dog then gave probable cause. United States v. Roberts, 2008 U...continue to full post

Full post as published by Fourth Amendment on October 01, 2008 (boomark / email).