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The Rough Notes Company Inc.

Court Decisions

Apples and oranges: Auto and umbrella policies are not “similar”

Apples and oranges: Auto and umbrella policies are not “similar” Jody Massey suffered severe injuries on June 11, 2012, when a truck being driven by Brett Pruitt collided with a car being driven by Massey. In May 2014, she filed an action against Pruitt seeking monetary damages for her injuries. Massey subsequently settled with Pruitt in exchange for $100,000, the limits of his automobile policy. Massey then amended her complaint to

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No proof of driver’s UM status

No proof of driver’s UM status On July 11, 2012, Silas Dean was driving his wife’s 2001 Lexus 300, which was insured (with uninsured motorists coverage) by State Farm Mutual Automobile Insurance Company. He was going west through an intersection and testified that he had the green light but was struck by a southbound 2011 Ford Ranger driven by Robert McKellar and insured by Progressive Insurance Company. The impact spun the Lexus around, resulting in two

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Tall tale from tow trucker

Tall tale from tow trucker On March 9, 2005, Mark Silva, a tow truck operator, was assisting a vehicle stuck in a snowdrift on Route 6 in Provincetown, Massachusetts. Silva had pulled his truck to the side of the road and hooked up a tow line to the disabled car. The road conditions were “snowy, slushy, and icy.” Dorothy McQuinn was driving on Route 6 with her fogged-up windshield obstructing her

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Choice or chance? UM limits disputed

Choice or chance? UM limits disputed On November 8, 2012, Wanda Morgan was injured in a motor vehicle collision caused by Dwain Mims. Morgan alleged that she had suffered damages totaling more than $100,000 to date, and her husband Victor asserted a claim for loss of consortium. Mims was covered under an automobile policy that had a liability limit of $25,000 per person. In response to a demand from the

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Parsing a self-insured retention endorsement

Parsing a self-insured retention endorsement In January 2009, Walsh Construction Company, a general contractor, hired Roadsafe Holdings, Inc., to be Walsh’s subcontractor in the construction of a traffic exchange involving Interstates 65 and 80 in Lake County, Indiana. Roadsafe’s obligations included providing a safe traffic pattern through the work zone. Walsh’s contract with Roadsafe required Roadsafe to indemnify Walsh for any liability resulting from Roadsafe’s failure or negligence in its work.

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