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Vagueness of policy is grounds for reversal

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The 7th Circuit Court of Appeals has reversed a District Court’s grant of summary judgment in favor of St. Paul Fire & Marine Insurance Company, holding that the language of its insurance policy creates a question of liability for deductible payments.

In St. Paul Fire & Marine Insurance Company v. Schilli Transportation Services, Inc., No. 11-2307, U.S. District Court, Northern District of Indiana, Hammond Division, Schilli Transportation Services claimed that under its insurance policy provided by St. Paul Fire & Marine, the liability for deductibles is unclear.

The 7th Circuit said Schilli’s policy states the “words you, your and yours mean the insured named here, which is a CORPORATION.” The policy document lists Schilli’s name and address, but also states “Insured Names Continued on Back.” On the back of the document, eight more companies are listed.

The fact that the policy names nine companies as insured, along with the manner they were listed, could indicate that the companies were the “you, your and yours” referred to in the document. But the 7th Circuit concludes that language is not sufficient in and of itself to create joint and several liability among defendants for the deductibles. The Circuit Court also wrote that no language clearly indicates that the liability is joint, not separate, and it remanded for further proceedings.

 

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  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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