November 5, 2024
ShareKelley Kronenberg Secures Dismissal in Gig Economy Insurance Coverage Case
Kelley Kronenberg Practice Partner Naomi Bradford secured a dismissal with prejudice in a significant insurance coverage dispute for Voyager Indemnity Insurance Company before Judge Robert Dees in Duval County. The case centered on a critical timing issue in the expanding food delivery service sector.
The plaintiff, a gig economy delivery driver, sought uninsured motorist benefits following a motor vehicle accident. Through detailed analysis of the electronic delivery logs and policy terms, Naomi demonstrated that the accident occurred approximately ten minutes after the completion of the driver’s last delivery, falling outside the policy’s coverage period. The policy specifically provided coverage only during active delivery assignments – from pickup to drop-off – and the undisputed timeline showed the incident occurred in between deliveries.
After two years of litigation, during which opposing counsel provided minimal engagement, the matter was dismissed with prejudice on the eve of our Motion for Summary Judgment hearing. This outcome protected our client from both the claimed damages and potentially significant ongoing litigation costs, while helping establish precedent for similar coverage disputes in the expanding gig economy sector.
The victory reinforces Kelley Kronenberg’s expertise in emerging insurance coverage issues, particularly in cases requiring precise analysis of digital timeline evidence and policy interpretation.
Special thanks to Brian Duva for entrusting our team with this defense.
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