Scheduled Auto Policy Provides No Coverage for Accident Involving Vehicle not on Schedule

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On December 9, 2016, a 1992 Mack dump truck (the “Tractor”) driven by former Defendant James Moore collided with another vehicle, killing Patrick Glisson. At the time of the accident, Moore was an employee of Defendant Tru Blu Trucking, LLC and/or former Defendant B&N Trucking, Inc. and the Tractor was owned by Defendant Tru Blu Trucking.

In Progressive Mountain v. Numbers Enterprise, LLC; Stanley J. Smart; CASE NO. CV419-166, USDC (12/15/20) the USDC was asked to declare no coverage because the Tractor was not scheduled on Progressive’s policy.

ZALMA OPINION

The policy wording limiting coverage to losses involving only vehicles listed on the policy was clear, unambiguous and obvious, even to the defendants. Progressive played it safe although it would probably not have been sued to provide coverage. Since both parties agreed on the policy interpretation there should be no chance of an appeal.