CRUG Wins a Trifecta of Insurance Coverage Cases Across Ohio
David Lester of CRUG’s Cleveland office recently won a trifecta of insurance coverage cases across Ohio:
- In Turner v. Pontones (Carroll County), the insured was sued for an RV crash that resulted in the death of a passenger. Coverage was sought under a farm liability policy that contained a motor vehicle exclusion. Dave convinced the court that no exceptions existed for the exclusion and the exclusion barred coverage.
- In Newman v. Pitts (Lorain County), the insured was sued for assault and battery involving a knife, but claimed self-defense. Coverage was sought under a homeowners policy that excluded liability coverage for expected or intended injuries. Despite efforts by the plaintiff to contend that the insured only acted negligently, Dave convinced the court that the harm was intentional and therefore excluded. The insurer defended under reservation of rights, but owed no indemnity.
- In State Farm Mut. Auto. Ins. Co. v. Garcia (Cuyahoga County), the insured, an off-duty police officer, was sued for shooting and killing another driver after a verbal exchange. The insured claimed the other driver drew a gun first and the insured acted in self-defense. Coverage was sought under a homeowners policy and an auto policy. With respect to the auto policy, Dave convinced the court that the harm did not arise out of the use of the auto and therefore was excluded.
