Court Decision Is a Victory for the Insured
Posted By Law Offices of Russ E. Robbins || 27-Aug-2015
The Seventh Circuit Court of Appeals’ recent decision in National American Insurance Co. v. Artisan and Truckers Casualty Co. was a big victory for anyone who carries auto insurance, especially commercial truck drivers. It also sent a particularly strong message to any insurance companies who may try to deny coverage to their policyholders.
Case Opens with Serious Trucking Accident
This case began with a semi-truck accident back in August of 2010. The truck, which carried placards for Unlimited Carrier trucking company, was involved in a crash that seriously injured several other parties. These plaintiffs filed a lawsuit against Unlimited Carrier, as well as the driver of the truck and his father, who owned the truck. The driver contacted his insurance company, Artisan and Truckers Casualty Co., but was denied coverage because he was operating the truck on behalf of Unlimited Carrier.
The Insurance Company Denies Liability
While Artisan was denying coverage to the truck driver and his father, the insurer of Unlimited Carrier defended the driver and settled with the plaintiffs. This insurer, the National American Insurance Co., then filed a declaratory judgment action to recover its costs in settling said lawsuit. An Illinois District Court ruled that Artisan breached their obligation to defend their policyholders, ruling in favor of National American.
Decision Is Upheld By Seventh Circuit Court
The case was appealed by Artisan, and ultimately ended up being tried before the Seventh Circuit Court of Appeals. Artisan’s appeal was based on the argument that Unlimited Carrier was ultimately liable in the case; however, this was rejected by the court. The ruling found that while Artisan may not have an obligation to indemnify their policyholder, they still had a more general duty to defend because the accident fell “within the scope of coverage.”
Don’t Let the Insurance Company Violate Your Rights
As an insurance policyholder, you have extensive legal rights related to your coverage. If you’ve been injured in a serious auto accident in Florida, you may be owed compensation from your insurance company. At the Law Offices of Russ E. Robbins, our experienced Boca Raton auto accident attorney can help you get the money you deserve from your provider.
For skilled legal representation, call our firm today at (888) 452-9352.
Categories: Car Accidents