To Involve Another Insurer You Must Act Promptly

0
3K

Student Driver a Permissive User of State’s Car & is an Insured

Read the full article at https://www.linkedin.com/pulse/involve-other-insurers-insured-must-act-promptly-zalma-esq-cfe and at https://zalma.com/blog plus more than 3900 posts.

Too Little, Too Late

In October 2016, Mary R. Evans was a student driver enrolled in a high school driver’s education course. Driving lessons utilized vehicles provided by the high school and owned by the State. These State-owned vehicles were outfitted with brake pedals for both the student driver and for the driving instructor, who was responsible for the unlicensed student driver’s safety. On October 28, 2016, Evans was operating a vehicle under the supervision of driving instructor, Perkins-Johnson. Evans and Perkins-Johnson were involved in an accident with another car (the “Accident”). At the time of the Accident, Perkins-Johnson was employed by the State as a driver’s education instructor for the Red Clay School District. Perkins-Johnson was injured in the Accident.

In State Of Delaware Insurance Coverage Office v. Diona Perkins-Johnson, Mary R. Evans, and The Travelers Home And Marine Insurance Company, C. A. No. N19C-10-260 MMJ, Superior Court of Delaware (August 19, 2021) the state, after defending the student driver for three years tried to pass the obligation to her parents’ insurer by bringing a declaratory relief action.

ZALMA OPINION

This case teaches that where there is a dispute between insurers it is incumbent on the parties to act promptly, fairly and in good faith. The state failed to do so. It provided coverage under its policy to Evans without reservation and defended her for a long time before its slothful investigation found that Travelers might also insure Evans. Too little, too late.

Sponsorizzato

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

Cerca
Categorie
Leggi tutto
Religion
Charitable Immunity
Charitable ImmunityRead the full article at https://lnkd.in/guhz_Uui and at...
By Barry Zalma 2022-08-04 13:16:36 0 7K
Technology
I Was Banned From RightOnly.net For No Reason
Guys, you won't believe this. RightOnly dot net banned me for no reason. Absolutely unbelievable!...
By Defiant America ​ 2022-02-15 13:27:31 0 5K
Altre informazioni
Subrogating Insurer Prejudiced by Explaining its Existence to Insurer
Disclosing that Insurer was Real Party in Interest Prejudiced Rights of Insurer Read the full...
By Barry Zalma 2021-02-16 13:35:20 0 3K
Altre informazioni
Fairly Debatable and Genuine Dispute Defenses to the Tort of Bad Faith
Defenses to the Tort of Bad Faith   Read the full article at https://lnkd.in/g7WHpu5T and...
By Barry Zalma 2022-06-06 13:40:22 0 3K