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Tuesday, August 16, 2016

Ind. Decisions - 7th Circuit decides one Indiana case today

In Great West Casualty Company v. Pamela Robbins (SD Ind., Lawrence), a 24-page opinion, Judge Kanne writes:

In January 2011, Defendant Linda K. Phillips, an employee of Hoker Trucking, LLC, was driving a semi‐truck that struck a vehicle driven by Mike Douglas Robbins in Indiana. Robbins died as a result of the injuries he sustained in the accident. At the time of the accident, the semitruck driven by Phillips was pulling a trailer Hoker borrowed from Lakeville Motor Express, Inc. Lakeville had purchased an insurance policy from Plaintiff Great West Casualty Company to cover the trailer.

This case is not about the liability of Phillips or Hoker for the accident. That action was filed by Robbins’s estate in an Indiana state court, and Phillips and Hoker were indemnified by Hoker’s insurance policy. To preempt a possible claim against Lakeville’s insurance policy, Great West filed this complaint for declaratory judgment against Hoker, Phillips, and Defendant Pamela Robbins, as administratrix of Mike Douglas Robbins’s estate, amongst other defendants, seeking an order stating that it did not have to indemnify Hoker and Phillips for any liability in connection with the accident. After Robbins and Great West filed cross‐motions for summary judgment, the district court granted summary judgment in favor of Great West and denied Robbins’s motion. Finding no error with the district court’s decision, we affirm.

Posted by Marcia Oddi on August 16, 2016 06:36 PM
Posted to Ind. (7th Cir.) Decisions