Insurance Co. Wins Summary Judgment Against LawyerSpilman won a motion for summary judgment in a fight over an insurance company's duty to pay for the defense of its insured. A lawyer in West Virginia was sued by a consultant and various co-counsel over a payment dispute. The lawyer failed to report the lawsuit to the insurance company for three years, and chose instead to litigate the matter on his own. He then sued the insurance company, seeking payment of his legal fees incurred in the dispute. The United States District Court for the Southern District of West Virginia found as a matter of law that the lawyer had violated the conditions under his insurance policy that require prompt reporting of claims, and granted summary judgment to the insurance company.