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Court Decisions

Is passenger an insured?

Is passenger an insured? In October 2012, Monika Schmidt was a passenger in a vehicle driven by her friend, Deborah Fisher, when it was struck by a vehicle driven by Robert Bromley. Bromley had a Progressive insurance policy with $50,000/$100,000 liability coverage. Fisher had an Allstate policy with $100,000/$300,000 liability coverage as well as underinsured motorist coverage of $100,000. Schmidt qualified as an insured under Fisher’s policy, which defined “Insured

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No ambiguity in UIM provisions

No ambiguity in UIM provisions When Megan Deaton lost control of the vehicle she was driving and crashed, her passenger, Chelsea Seaton, sustained fatal injuries. Chelsea’s mother, Leslie Seaton, asserted a wrongful death claim against Deaton. Deaton settled the claim for her policy limits. Seaton then sought underinsured motorist (UIM) coverage under the three automobile policies she maintained with Shelter Mutual Insurance Company. Shelter provided UIM coverage pursuant to one

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It’s an ill wind that blows no coverage

It’s an ill wind that blows no coverage On the night of Christmas Eve or early on Christmas Day in 2014, strong winds blew through the town of Georgia, Vermont, causing a partially constructed livestock barn to collapse. Commercial Construction Endeavors, Inc. (CCE), the contractor that was building the barn, sought recompense for the resulting losses from its insurer, Ohio Security Insurance Company. Ohio Security determined that CCE was at

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Meow Mix: Herding 100 cats

Meow Mix: Herding 100 cats Sally Phillips, a landlord, brought an action against State Farm Fire and Casualty Company for breach of contract, alleging that her rental dwelling policy provided coverage for certain losses to her rental properties and that State Farm denied coverage for certain damages, including a permeating odor of cat waste caused by approximately 100 cats, under the domestic animal exclusion. State Farm moved for partial summary

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Bad day for injured driver

Bad day for injured driver In December 2012, a vehicle driven by Brandon DeBruce rear-ended a vehicle driven by Christina Wright on Interstate 24 in Hamilton County, Tennessee. DeBruce was insured under an automobile liability policy issued by Tennessee Farmers Mutual Insurance Company. DeBruce’s wife timely reported the accident to Tennessee Farmers. Tennessee Farmers paid DeBruce and Wright for their property damage under DeBruce’s policy. In December 2013, Wright sued

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