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Court Decisions

Widow fights impaired driver exclusion

Widow fights impaired driver exclusion On June 12, 2015, John Bruen rented a 2015 Volkswagen Jetta from Enterprise. He purchased “full coverage” insurance, which included “Supplemental Liability Protection” (SLP or excess policy). The insurance was provided by Empire Fire and Marine Insurance Company. The policy provided coverage through a surety bond in the amount of $100,000, with the potential for an additional $900,000 of excess liability coverage. The SLP policy

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No liability coverage for “insured”

No liability coverage for “insured” Beginning in the summer of 2013 until April 2014, Brena Berardicelli and her two sons lived with Travis Shroyer at his residence. Berardicelli and Shroyer shared a bedroom at the residence. On April 26, 2014, Shroyer moved a Caterpillar skid loader out of his barn. He planned to use the skid loader to move stone, put in a garden, and do some other landscaping. At

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It’s an ill wind …

It’s an ill wind … In September 2017, a dwelling owned by Debra and Michael Kennedy was damaged when Hurricane Irma struck Florida. Starting in October 2017, the Kennedys placed their insurer, First Protective Insurance Company d/b/a Frontline Insurance, on notice that their windows would need to be completely replaced. Frontline responded by suggesting that the Kennedys source the replacement glass themselves and have the windows repaired. In response, the

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Bad day for Mud Dog

Bad day for Mud Dog Wisconsin Utility Exposure, Inc. (WUE), purchased an excavator called a Mud Dog from Super Products pursuant to a contract with a limited warranty. The Mud Dog was comprised of a truck chassis and cab on which Super Products installed the Mud Dog heavy excavation equipment. The Mud Dog was the source of a fire that damaged the unit. WUE was compensated by its insurer, Secura

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Nice try, but no coverage

Nice try, but no coverage Bacon Construction Company, Inc., was hired as general contractor for a construction project at the University of Rhode Island. Bacon subcontracted with U.S. Drywall for structural work on the project. Pursuant to the subcontract agreement, U.S. Drywall was required to obtain a general liability policy that listed Bacon as an additional insured. U.S. Drywall purchased a commercial general liability policy from Arbella Protection Insurance Company,

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