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Court Decisions

Does UM coverage apply to gunshot death?

Does UM coverage apply to gunshot death? On January 4, 2014, Timothy Austin Davison was driving to Maine in his father’s sport utility vehicle. While he was on Interstate 81 in Maryland, an assailant driving a pickup truck began pursuing Davison and fired shots at his vehicle. The two vehicles crossed the state line into Pennsylvania, and the assailant rammed his truck into the SUV, pushing it off the road onto

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A tangled web: Who can sue whom?

A tangled web: Who can sue whom? Devonta Dodson was involved in a motor vehicle collision with Joann Hutson, whom Erie Insurance Company insured with liability coverage under an automobile policy. Seeking chiropractic care for injuries stemming from the collision, Dodson became a patient of McKinley Chiropractic Center, P.C., and executed a document assigning to McKinley “all insurance and/or litigation proceeds to which Patient is now or may hereafter become entitled” and “any

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Scorched earth: Pesticide applicator seeks coverage

Scorched earth: Pesticide applicator seeks coverage DeMeester’s Flower Shop and Greenhouse, Inc., operated a flower shop and lawn care business in Freeport, Illinois. On May 10 and 13, 2013, one of its employees negligently mixed glyphosate (an herbicide, commonly known as Roundup) instead of Eliminate (a selective broadleaf herbicide) in a lawn sprayer. As a result, the employee severely damaged 26 lawns of customers. The flower shop incurred substantial expense

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A question of dates

A question of dates Jonathan Loomis applied for an automobile policy from State Farm Fire & Casualty Company with underinsured motorist coverage in the amount of $50,000. Upon Loomis’s application, a binder was granted to Loomis, but before the policy documents were issued, Loomis was involved in an accident. Loomis settled with the at-fault driver for her policy limits of $50,000, and State Farm took the position that because the

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A divergence of interests in mortgage clause

A divergence of interests in mortgage clause On February 20, 2009, Mark and Rhonda Hongsermeier executed a mortgage with GSF Mortgage Corporation for property located in Rockford, Illinois. The owners resided in the property from November 2004 through November 2010. The mortgage was subsequently assigned to GMAC Bank and later transferred to GMAC Mortgage, LLC (GMACM). On February 21, 2011, Stonegate Insurance Company issued the owners a hazard policy to cover

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