Several claims over coverage emerged
Defendant Land Escape was the titled owner of a 1996 dump truck registered in its name. The dump truck was pulling a wood chipper hwose brake had been disabled. The truck was being driven by defendant Delbert Rosenberry, who was employed by Land Escape and to whom Land Escape (though it’s principal Christopher Yatooma) gave the keys.
On June 20, 2011, at about 3:30pm, while driving on Middlebelt Road, Rosenberry rear-ended the vehicle in front of him, then crossed the center line, striking a an driven by plaintiff 39-year-old Alan Hughes.
From this straightforward, clear-liability accident, several claims have sprouted related to (1) insurance coverage through Secura for defendants Land Escape and/or Rosenberry, its employee; (2) a consequent uninsured motorist claim filed against Citizens Insurance Co. by plaintiff Hughes; and (3) a consequent lawsuit filed by Land Escape against its insurance agent, Insurance Advisors Inc. concerning coverage.
The case evaluation was $1.1 million. The matter went before the Michigan court of Appeals on matters of coverage. After the appellate matters were over, the case settled for $850,000.
Louis G. Corey, counsel for plaintiff; provided case information.
Attorney for plaintiff: Louis G. Corey
Attorneys for defendants: Christopher P. Jelinek (defendant Citizens); Gavin J. Fleming (defendant Land Escape); John J. Schutza (defendant Insurance Advisors)
This story originally appeared in the Michigan Lawyers Weekly on September 9, 2016.