Peak Property and Casualty Insurance Corporation v. Biermann, 2:24-cv-00559

In March 2022, Ricky Gray, driving a tractor-trailer not listed on his spouse Patricia Biermann’s insurance policy with Peak Property and Casualty Insurance Corporation, was involved in a multi-vehicle accident in Alabama.
Lauren Moseley, a passenger in another vehicle, sued Gray and others for negligence and wantonness in Alabama state court (later removed to federal court).
Gray was specifically named as an excluded driver under Biermann’s Peak insurance policy, and the tractor-trailer was not an insured vehicle under the policy.
Peak initially retained counsel to represent Gray under a reservation of rights, then attempted (unsuccessfully) to obtain Biermann’s cooperation for an examination under oath.
Both Biermann and Gray failed to answer or appear in this federal declaratory judgment action, resulting in Peak moving for default judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Gray is covered under Biermann’s Peak policy	Gray is specifically excluded; his vehicle not insured	No appearance; no argument presented	Gray is not covered; Peak owes no duty to defend/indemnify Gray
Whether Biermann is owed defense/indemnity for this event	Sought declaration of no obligation	No appearance; no argument presented	Not granted (relief not demanded in complaint)

In re Worldwide Web Sys., Inc., 328 F.3d 1291 (11th Cir. 2003) (outlining policy favoring resolution on the merits for default judgments)
Surtain v. Hamlin Terrace Found., 789 F.3d 1239 (11th Cir. 2015) (standard for sufficient factual basis in pleadings to support default judgment)
Cotton v. Mass. Mut. Life Ins. Co., 402 F.3d 1267 (11th Cir. 2005) (scope of admissions by defaulted defendants)
State Farm Mut. Auto. Ins. Co. v. Spangler, 64 F.4th 1173 (11th Cir. 2023) (insurance policy interpretation and coverage determination)