Trucker Who Saved Premium by Accepting No Trucking Endorsement Has No Coverage for Defense or Indemnity

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Insurance polices are, and will always be contracts, that establish promises made by the insurer and the insured. When an insured reduces the available coverage to save premium it is not possible to change the policy back to provide the coverages deleted.

Claiming no coverage Progressive Paloverde Insurance Company (“Progressive”) successfully filed a motion for summary judgment seeking a finding that it neither owes defense nor indemnity to the insured in Progressive  v. Estate Of Bobby Jenkins, USDC, Louisiana.

ZALMA OPINION

Only after Bobby Jenkins ran his truck and trailer into an AMTRAK train did his widow’s lawyers and his employers who hired him to haul sand, read the policy and the certificate of insurance provided showing some of the defendants as additional insured. Since the Certificate said it provided “Non-Trucking” coverage the additional insureds were told, in writing and bold print, they had no coverage for his negligence in running into a train.