Owner of Vehicle Determines Coverage

0
4Кб

Who’s on First? By Reading the Full Policy 7th Circuit Refuses to Accept Meaning Different than the Wording of the Policy

Read the full article at https://www.linkedin.com/pulse/owner-vehicle-determines-who-defends-tort-action-zalma-esq-cfe and at https://zalma.com/blog plus more than 3800 posts. 

In the aftermath of a serious collision between an ambulance and a semi-truck, a question lingered: Who owned the ambulance?  In Continental Western Insurance Company v. Country Mutual Insurance Company, No. 20-2962, United States Court of Appeals For the Seventh Circuit (June 24, 2021) the Seventh Circuit determined who was on first.

ZALMA OPINION

It makes no sense for an insurer, who specifically identified by VIN number the ambulance involved in the accident including an “other insurance” clause that establishes it as a “primary” policy to claim they owed nothing to defend or indemnify its insured. The arguments made by Country Mutual were interesting but not convincing since it ignored the clear and unambiguous nature of its own policy and tried to argue it did not mean what it wrote. The Seventh Circuit slapped down the argument and agreed with the District Court that it should apply the contracts as written, always.

Спонсоры

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

Поиск
Категории
Больше
Другое
No Time To Get Bored
It's been months since I blogged and once again, a lot of things happened since November of last...
От Deedee Franc 2022-04-04 21:19:13 0 6Кб
Другое
National Flood Insurance Program Policies Strictly Construed
National Flood Insurance Program Read the full article at...
От Barry Zalma 2021-02-12 13:45:32 0 3Кб
Другое
Federal Jurisdiction
Federal Jurisdiction Requires a Federal Issue Contract Interpretation is a Matter of State...
От Barry Zalma 2024-10-25 12:36:54 0 845
Другое
Fraudster Can't Obtain Cash Held by the State
Money Held by the State Can’t be Given to a Fraud Read the full article at...
От Barry Zalma 2021-12-07 14:10:24 0 4Кб
Другое
Criminal’s Money Stays With State
Criminal’s Money Stays With State Assets Forfeited to State are not Subject to...
От Barry Zalma 2024-04-30 12:46:34 0 2Кб