Knightbrook Insurance says it shouldn't defend company facing claim

BLUEFIELD - An insurance company is seeking a declaratory judgment against a trucking company.

Knightbrook Insurance Company, as successor-in-interest to Commerce Protective Insurance Company, filed a lawsuit Nov. 8 in U.S. District Court for the Southern District of West Virginia at Bluefield against Bishop & Bishop LLC.

According to the complaint, the lawsuit involves the application of a Commercial Lines policy originally issued by Commerce Protective to Medford Trucking LLC.

The plaintiff is seeking a declaration that no coverage is afforded to Bishop under a theory that it is an additional insured under the policy. The complaint states that on Sept. 23, 2010, Medford and Bishop entered into a trucking agreement for hauling coal.

The agreement states that Bishop was to provide labor, trucks and any equipment necessary for various points of origin to various delivery points. The agreement also states that Bishop agreed to defend, indemnify and save harmless Medford from any claims, demands or suits.

Article 10 of the agreement states that Bishop was required to maintain certain types of insurance and include Medford as an additional insured on all policies maintained by Bishop, according to the complaint.

The plaintiff says that a lawsuit was filed against Bluestone Coal Corp., Medford and Bishop after Thomas Toney was injured on Jan. 31, 2011, when a truck was allegedly overly and improperly loaded and tipped over while Toney was driving it, causing injuries.

According to the complaint, the truck was owned by Bishop and supplied to Medford. The complaint is claiming that Medford is not responsible for the crash and that Bishop was not covered under any insurance policy maintained by Medford.

Knightbrook Insurance is seeking damages in excess of $75,000. It is being represented in the case by Jason A. Winnell of Schuda & Associates.

United States District Court for the Southern District of West Virginia at Bluefield Case No: 1:13-cv-28457