Knight Specialty Insurance coverage tries to keep away from a false demise lawsuit by submitting its personal lawsuit
Knight Specialty Insurance recently filed a federal lawsuit in hopes of avoiding an unlawful death lawsuit filed against them from the estate of a former truck driver.
To avoid an unlawful death lawsuit for a fatal accident on April 24, 2019, Knight Specialty Insurance recently decided to file its own lawsuit in federal court in Florida. The 2019 lawsuit was filed from the estate of Ronnie Brown, one of the truckers who were killed in the accident. The wrongful death lawsuit “sought damages from Jacksonville Transportation after two team riders were killed in an accident … The insurance company claims in its federal lawsuit that its policy does not cover injuries to freight forwarders.”
Hammer rests on open book; Image by Verkeorg, via Flickr, CC BY-SA 2.0, no changes.
What caused the fatal accident? Well, on April 24, 2019, Brown and Martin Allen Cain were driving a 2012 Volvo tractor on US 287 near Wichita Falls, Texas when it collided with another truck tractor. Both men were killed. A year later, Brown’s estate filed for damages in a court in Marion County, Florida. Jacksonville Transportation and Cain and Christopher Hampton, the owners of the truck, were named as defendants. According to the suit, Cain was driving the other truck at the time of the accident.
Knight Specialty, however, backed the lawsuit, arguing that its “policy with Jacksonville Transportation exempted them from Brown’s lawsuit”. The company added the “Exclusions” section of the policy, “which states that it does not apply to personal injury to a Jacksonville Transportation employee arising out of or in the course of their employment.” As a result, Knight Specialty is attempting to get federal court “to declare that there is no need to defend or indemnify Jacksonville Transportation for claims arising from the deaths of Brown or Cain because they were employees of the insured rather than the insured. “
Jacksonville Transportation stepped in, noting that “the insurance company’s argument is based on the idea that Brown was an employee at the time of his death.” The company has asked federal court to pause the case “while important issues are being dealt with in Florida state court.” Jacksonville Transportation said:
“Solving this highly factual problem requires substantial evidence of the nature of the relationship between (Jacksonville Transportation) and Brown and Cain, the discovery of which began in the (wrongful death lawsuit), and which has lasted for many months … In other words, the fact The finder in the (wrongful death lawsuit) must necessarily resolve the same matter that (Knight Specialty) is requesting that court as part of its requested statement. “
The insurance company tries to evade the trucker’s unlawful death lawsuit
DEFENDANT JACKSONVILLE TRANSPORTATION, INC